My mom and dad are getting a divorce, no one cheated. They just got tired of bickering at each other. I am 21 years old and have a 6year old sister and a 16year old brother. We have 3 vehicles and a house that are all in my fathers name. All of the children are now living with my mom at our grandmas house. Is it possible for my mother to win anything in court? we also have a lot of expensive things like HDTV's and stuff...Its so confusing.
2007-12-21 07:50:27 · 9 answers · asked by Girli 3 in Family & Relationships ➔ Marriage & Divorce
Your parents will make out a list of what each one wants then give the list to the lawyer, then the "fun" begins. I just got a divorce after 31 years, I live in IL. As kids keep your nose out of this ok, it's for the best, your 21 and can understand some of this crap going on. If you have more questions email me,.. I'll try to help, laws differ from state to state. It sounds like the parents are in the early stages of the divorce.
2007-12-21 08:09:51 · answer #1 · answered by kim t 7 · 0⤊ 1⤋
Most states it's a 50-50 split of marital property...I'm sure your Mom will get at least half the household furniture, one of the cars, and all her personal property (what is hers outright), if both are good parents there will be a joint custody order with the parent who has primary physical custody receiving child support, the visitation decree will be outlined in detail and most likely Holidays will be shared. With a marriage of that length your Mom will be entitled to a share of your Dad's pension/retirement benefits and may receive maintenance for a limited period of time so she can become employed/self supporting if she isn't already. The family home will be ordered sold and proceeds divided 50-50, or the option of one buying the other out may be in the decree as well. Any dispute on any point will be decided by the judge.
It's always best if the couple can agree to all termsin dividion of property, child support,etc......that's where lawyers earn their keep.....if both people come to an understanding and it follows the guidelines/laws set forth by the state you guys live in, and is deemed reasonable and fair by the judge, the judge more than likely will okay it.......both my ex and I were able to work it out that way, except for two minor points which the judge found in my favor....the judge had his findings & decision drawn up and he granted divorce on that decision without us appearing in court before him.....good luck, hon.
2007-12-21 08:07:35 · answer #2 · answered by The Original GarnetGlitter 7 · 0⤊ 0⤋
Your job is to help your siblings cope with your parents divorce and I don't mean explaining to them why that's up to your parents. You just need to help them understand it isn't their fault and both your parents still love them.
Your mom and dad will take care of the rest, but most likely the assets of the marriage will be split 50/50. Whether your mom's name is on the deed to the house or the titles to the cars doesn't matter it's all considered property of the marriage as far as the courts are concerned.
Bottom line leave that stuff up to your parents and just be honest with your parents about your feelings and questions.
2007-12-21 08:01:25 · answer #3 · answered by Leaveamark 2 · 1⤊ 0⤋
Well it sort of depends on the lawyer but if a woman has been married for as many years as your mother then they usually get to decide what they want and they usually get it all. Some women that do not work get support for a while too. Your six year old sister and sixteen year old brother should get child support till they are eighteen or out of school. Since you are 21 you will not get any support. They will profide your dad with one vehicle for transportation. It also depends on what your mother wants to do and what she wants to give to your dad. She could take it all or she could be kind and want to give him something since he had worked all his life. It is very difficult for a man to work so many years and end up with nothing at all. so.. your mom may feel a little sorry him.
but.. to be honest they will probably give it all to her if she wants it. If the house is paid for she may want to live there till the kids move out, but she will have to make the tax payments and insurance payments on her own and they may be too high for her to do this.
All the things in the home usually go to the wife and this of course would depend on his lawyer and hers and whether he chooses to fight about it or not.
2007-12-21 08:02:45 · answer #4 · answered by craft painter 5 · 0⤊ 2⤋
Most states have laws that divide property between the two spouses. These things may be in his name, but she is considered a partner in the marriage in the ownership of property as well as indebtedness. Sometimes one spouse "buys out" the other, by paying a fair price for their partner's half interest in property, at other times it is sold and the proceeds divided. Your mother needs to see an attorney immediately to protect her rights before he decides to dispose of property without her knowledge.
2007-12-21 08:01:22 · answer #5 · answered by SkyLights90N 4 · 1⤊ 0⤋
This will depend on the lawyers, circumstances of the divorce, and the judge hearing the case.
2007-12-21 07:59:46 · answer #6 · answered by Anonymous · 2⤊ 0⤋
You mom and dad will have to work out what each want. But it comes down to 50/50.
2007-12-21 07:53:48 · answer #7 · answered by Anonymous · 3⤊ 0⤋
Does it depend on who files for divorce first to be the one to get what they want
2017-04-05 22:57:54 · answer #8 · answered by Mrs 1 · 0⤊ 0⤋
Whoever has the better lawyer will get most of the stuff.
2007-12-21 07:54:31 · answer #9 · answered by Anonymous · 0⤊ 2⤋