My husband and I are separated and have been for 7 months. We have no assets, other than his business which has a great turnover. I was told by a few people, he has said he wont apply for divorce as this will ensure he pay's out minimal costs to me in the long run. He pays the rent and gives cash to me weekly/fortnightly but has stated to me he will not apply for divorce. He has a girlfriend now which he refuses to admit to, but friends have told me they are an item. He is trying to avoid getting a valuation done on his business as this is all I am claiming as we have no other property, other than a car and furniture. He has made an offer to me, wants to settle out of court but I feel he is trying to rip me off. I suggested that we get a business valuer in and go halves in the cost and he said he has no money to do this. I dont know whether I should accept his offer or call his bluff. Why does he want me to apply for divorce?
2007-04-29 14:40:54 · 8 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Im in Australia, so yeah, I guess the law is a little different here. We had started the business 2 months before we married.
2007-04-29 17:33:47 · update #1
GET A LAWYER and be prepared to be as MEAN as he/she advises you to be. I have seen too many women friends knuckle under because they "just wanted their freedom" or because "they didn't want to punish him they just wanted to have it over with". Later when the husband is remarried and living like a king and the ex-wife is in a two bedroom apartment in a crummy part of town and the child support is behind and crawling through the court system - well they WISH they had pulled themselves together and played HARD friggin' BALL!! Your lawyer can answer all of your questions better than a bunch of wellwishers on "Yahoo Answers". If you have been married for a reasonable amount of time any court in the world is going to say that you are entitled to half of the business because you were supporting his efforts as he built his business by managing the household, etc. There are other things a lawyer can help you with like his IRA, his Social Security, and any other investments he has. Some lawyers will take your case on a contingency basis and you will owe nothing until the case is settled - THEN you can hit him up for court costs too. If your resources are limited contact a women's advocacy group - a research librarian can give you some names in your area - they can put you onto some legal help. Take your time and get this right! You will be glad you did not act in haste in the years to come.
2007-04-29 14:53:00 · answer #1 · answered by ckswife 6 · 0⤊ 0⤋
Sometimes, letting go seems like the easiest thing to do. But think about this: you've invested so much of your time and energy into another person; you've made a solemn promise; and you still know there's love, even if it's hiding underneath the surface. This website will show you how to save a marriage and avoid divorce, even if you're the only one trying https://tr.im/444vG
2015-02-04 10:26:36 · answer #2 · answered by Anonymous · 0⤊ 0⤋
if u could prove the afair even though ur not together...all u have to do is show a judge some pics and say how heart broke u r and he will be forced to give u a divorce on the grounds of adultery.
About the biz...did he own it before u got married...if so he will keep it.....if not and u helped in anyway...he will have to buy out whatever share u own in it ...buy u out. his other choice would be to offer u some money and hope u dont file.
if u wait too long a judge will wonder why......get a lawyer please!
2007-04-29 14:47:59 · answer #3 · answered by helives11_112001 3 · 0⤊ 0⤋
take him to court. he knows if he settles out of court he is getting away with something. don't let him. make sure he puts in his last 3 income tax records. if he has a girlfriend, he should be more interested in getting divorced...at least i would think so. don't pressure about his girlfriend, she nothing to do with this so don't bring it up. if he doesn't have the money to get an evaluation done.....take him to court and the judge will force him to pay for one.
2007-04-29 15:00:22 · answer #4 · answered by Bella 5 · 0⤊ 0⤋
If you feel it is worth more than he is offering, than by all means call his bluff. You need a lawyer who will fight for your rights, don't take what you feel you don't deserve. He has money to spend on a new girlfriend, so I say call his bluff if you believe the offer isn't the right one.
2007-04-29 15:43:21 · answer #5 · answered by Krinta 7 · 0⤊ 0⤋
Not real sure if you go file first and he doesnt like what you assk for he will have to answer back. Jusy get a lawyer and let him deal with you x and dont settle unless you are satisfied.
2007-04-29 14:48:37 · answer #6 · answered by lyttledarlin 4 · 0⤊ 0⤋
The laws vary by country, and in the U.S. even by state. So where are you? I don't know many Americans that use the word "fortnightly" :) so I'm thinking you *might* be from overseas?
2007-04-29 14:47:29 · answer #7 · answered by kp 7 · 0⤊ 0⤋
At a minimum consult an attorney. I think that if he is committing adultery, that in some states that will allow you to get more.
2007-04-29 14:45:03 · answer #8 · answered by Sabrina 2 · 0⤊ 0⤋