writing my own divorce papers, to save $ in lawyer fees. so i can't consult one on this subject, yet (had 1 mtg, more req. retainer) . i'd like answers based on knowledge/exp. no judgemental notes, plz. thanx. in dividing assets: he gets the house, a rental we own (split proceeds for both 50/50 if sold) , his car, asking for no retirement benefits from him (i don't work, stay at home mom to 3 & student). i'm moving to an apt., asking for state reg. child support, $500 alimony, (expires in 3 yrs to help me finish school, get the kids in school, get a job). taking an auto loan off his hands. my thng: i get 2 annuity lumpsum pymnts in 5 & 7 yrs of a decent $ amt (from a childhood accident). @ consult mtg atty told me he is entitled to part. if i'm not asking for retirement (military...eligible?), houses & by that time not getting ali., do i have to legally share that $ w/ him? what if i am remarried or he is? i got the 1st setlement when i was 13, these are the last 2 pymnts.
2007-04-10 12:24:58 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
The short answer is that, once the divorce settlement is approved he will have a hard time claiming that you owe him any money that is not specifically spelled out in the decree.
Whether this settlem is fair for you or not, no one can accurately answer without specific amounts. It is impossible to know if what you are giving up is worth what you are getting without doing a complete analysis of the current and present value of each of the items. Why is he getting both properties and the retirement account? Are you entitled to alimony for more than 3 years? Don't settle for less than what you are owed to save attorney fees. That is foolish.
2007-04-10 12:33:13 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Just write up a stipulation/marital settlement agreement (MSA) and get it entered with the judgment.
Depending on what state you live in, if the money you're getting (childhood accident) is prior to the marriage, then he isn't entitled to it and it could be considered separate property.
Even though it costs some money, you should have an attorney help you out with this since you both have a lot of assets to divide up and it could wind up costing you more if you screw it up and have to go back and try to get the judgment set aside or modified (if you can do that at all).
2007-04-10 12:33:37 · answer #2 · answered by Anonymous · 2⤊ 0⤋
You might have a fair offer for him except if you are going to receive a settlement why do you expect your husband to pay for school expenses. If you mean school expenses for yourself. When you divide property purchased while you are married it has to be split in half. You got a settlement while you were married. It has to be counted as community property. Some case if you remarry you don't keep drawing alimony. Alimony is suppose to be temperary not forever. Child support is suppose to help raising the child. Not to support you and your lifestyle. Going to school is your choice. You have a settlement income. Apparently you consulted with a lawyer and you did not like his advice. You may need to get a lawyer that you trust to get the things you want. Otherwise it might be dificult. Your husband may retain a lawyer also.
2007-04-10 12:52:26 · answer #3 · answered by roundman84 3 · 0⤊ 1⤋
As the settlement was made before your marriage, there should be no problem, just put it into the paperwork you are both agreeing to... for protection in case he changes his mind and tries to get any, you will have it in writing. It sounds like you will both work things out tho, too bad all couples aren't as fair to each other as you and he are trying to be... Good luck to you.
2007-04-10 12:37:01 · answer #4 · answered by Anonymous · 0⤊ 0⤋
why are you getting a divorce? unless it's really desperate, just stay married. I'm 14 and my parents got a divorce when i was little and it's completely changed my life. divorce is a really horrible thing.
2007-04-10 12:35:20 · answer #5 · answered by Kay 2 · 1⤊ 0⤋
The best thing to do is work it out among yourselves. You know when the lawyers get involved, they are the only ones winning. I think they like to cause conflict so they can charge more hours. It sounds like you guys are doing pretty good. Nobody is getting greedy. Good luck
2007-04-10 12:37:29 · answer #6 · answered by Fordman 7 · 2⤊ 0⤋
http://answers.yahoo.com/question/index?qid=20070408164843AAjWtZj&r=w&show_comments=true&pa=FZB6NWHjDG3N56z6v_2zWe8Ja4fKRRTNubvWzcahqAPPuS_.otscZOCpQ6L_0HVlO3RiLEaKP47R5ddRuN3Qyw--&paid=add_comment#openions
Look for the answer here my friend. it will be in the first page you come from a link supplied within. It is in the center of the page. instead of divorce i hope this can help you save your marriage. Good luck and Godspeed.
2007-04-10 12:41:07 · answer #7 · answered by Anonymous · 0⤊ 2⤋
sell everything that you own and live as a homeless person... that's what the courts will do to you anyway... if you are male, that is.
2007-04-10 12:35:41 · answer #8 · answered by Anonymous · 0⤊ 1⤋