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No kids is tremendously helpful. The next question is whether either or both of you have significant assets. Do you own a house? Have you decided what to do with it? Sell and split any profit is a good way to go. Do you have any other significant assets? If the answer is "no, we have a dog, some furniture, and not much cash", then don't bother with a lawyer unless something odd is going on. Try to have a discussion with her about a fair split. By "fair", generally 50/50 is fine, even if one of you made more money or whatever during the marriage. If someone came into the marriage with specific assets well in excess of the other person, then it could be a bit more complicated. THE KEY IS TO AVOID ALIMONY OR SUPPORT PAYMENTS OF ANY KIND. It is far, far better to give up some specific amount now, even if you think you deserve it, than to give her a crowbar granting permanent access to your wallet. If you can do it amicably, then the lawyer is unnecessary. If you can't, lawyer up fast. Like yesterday. Sorry to hear. Oh, and standard caveat -- I'm a lawyer, but I'm not a divorce/family lawyer, I don't practice in your state, I know absolutely nothing about your situation, and my advice is worth what you paid for it -- nothing. :D |
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Yes. Emotion is what turns divorces into bitter wars completely divorced from the importance of what is being fought over. I hear about this, but also see it in "business divorces", where partners (sometimes family members) are fighting over control of a company, or selling, or whatever. Emotion rules all, and logic goes out the window. |
I love reading men's takes on this.
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What are the circumstances? Is it a mutual decision or is one person forcing the issue over the other's objection? Is marital wrongdoing involved? Do you both have relatively similar incomes or does one person make the majority of the family income? How long have you been married? Have either of you retained a lawyer?
PS Are the two of you able to talk and remain civil or is it more like a civil war now? Is it more important to you to achieve a fair and honorable divorce or do you hate her and want to achieve as total a victory as possible? |
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My advice? Stuff isnt important. Get the dog and don't ever get married again. |
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I am a lawyer. I do divorces on the side, although it's not my main area of focus. This right here is great advice, judging from what I've seen many of my clients go through. They start bickering over small stuff, things get more and more contentious, and then the whole case falls apart and they have to spend a ton more cash to get it over and done with. One thing I will add: Don't go out and buy a sporty new car to celebrate your independence until the papers are signed and it's over (really over, as in you have the judge's signature). You do that, and you could make her mad, and she just may decide to try to fight it out and take you for all you're worth. I've seen that happen. More than once. PM me if you want to talk more in-depth. |
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Never been divorced so this is just colloquial, but all my friends who started with an amicable one ended up with an ugly one. The longer it drags out, the chances it turns into a war approach 1. For some the woman started amicable but then talked to a lawyer who started laying out all they could try to take the husband for and it was downhill from there.
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Imagine the person who gives up any personal career ambitions to be a homemaker or to take a support job to help get their spouse through med school and established as a doctor only to have the doc meet a cute nurse and leave wife 1 just as he's coming into money. It's easy to see that wife 1 sacrificed her potential future for their combined future. She may or may not be able to get back on track, but even if she can, she'll never get back the years that she invested into her husband's career. |
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At least there isn't any 18 year monthly pay days involved (I'm referring to kids in case that went over anyones head). I've seen women use this tactic as a second income. |
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