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confusedfool
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Reged: 07/20/07
Posts: 1
Debating divorce...
      #264623 - 07/20/07 12:10 PM

So here goes!
My husband and I have been married for about 5 1/2 years. We've always had doubts (especially him) about the marriage. He's in the military now but will soon be getting out. He has always made substantially more money than me and has always financially taken care of MOST of the bills. I do work and have worked for most of our marriage (with the exception of about 6 months while we were offbase overseas and I didn't have a car). He definitely is aware of how much he puts into the marriage (financially) and continuously reminds me of the fact that I contribute far less than him. Granted this is absolutely true. He has a seperate bank account and I have mine. Which I use for some of the bills and my spending money (I never touch his money). I suppose my question is b/c he has paid for most of the bills and most of the assets that we have, does that mean i'm not entitled to any of it? I am not implying that I should be entitled to anywhere near half....but I honestly don't feel that I should get nothing either. He seems to think that if we were to get divorced i'd get nothing. I know I should be asking an attorney but i'm not sure if i'm ready to take that step. I'm really just looking for advice. Any help would be greatly appreciated.

I should also mention that we don't have any children (and apparently after 5 years he's finally admitted to me that he may NEVER want them). I feel like i'm wasting my time.
Please help!!!


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pepperh
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Reged: 07/17/07
Posts: 21
Loc: Sheppard Air Force Base, TX
Re: Debating divorce... [Re: confusedfool]
      #264706 - 07/20/07 05:44 PM

Depends on what state you live in.

If you live in a community property state, than any property bought during the marriage will be split equitable (not to be confused with equally).

Anything either one of you came into the marriage with goes with you when you divorce. Most inheritance or court awards are considered personal property, and will go with the respective owner, unless you bought real property with it for the marriage (i.e, you inherited from grandma and bought the homestead, which is in your and husbands name. That could be viewed as community. Or if you bought a house with the money, but he dumped a lot of his own money into fixing it up, the house could either be considered community, or you would have to reimburse him the money.)

If you tell me what state you are in, I can get you more information.


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almostheaven
Carpal \'Tunnel
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Reged: 07/13/04
Posts: 10468
Loc: West Virginia
Re: Debating divorce... [Re: confusedfool]
      #264718 - 07/20/07 06:15 PM

Whatever you do, do NOT have sex with this man. The last thing you need at this point is to have an accident and end up with children in an already failing marriage.

Have you tried working out your marital problems? Tried counseling? Anything?

If all has failed and it can't be saved, he'll be in for a rude awakening. There is NO WAY you'd walk out of a marriage with nothing. Depending on your state, depending on the length of the marriage, the assets/debts that were accrued during the marriage, and in some states your contribution to the marriage, the assets AND debts would normally be split in some fashion.

--------------------
Char Fox


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Goodmom
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Reged: 06/17/07
Posts: 2084
Re: Debating divorce... [Re: pepperh]
      #264731 - 07/20/07 06:38 PM

Quote:

Depends on what state you live in.

If you live in a community property state, than any property bought during the marriage will be split equitable (not to be confused with equally).


My response:

In a community property state, the split is equal.

It's in the states that have equitable distribution where the split does always mean equal.

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pepperh
recently joined


Reged: 07/17/07
Posts: 21
Loc: Sheppard Air Force Base, TX
Re: Debating divorce... [Re: Goodmom]
      #264738 - 07/20/07 07:03 PM

You're right. My bad. It's been a long day of typing a boring court case with a judge that slurs, and an attorney who is constantly coughing in her microphone.

Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin are community property states. Each spouse is seen as contributing equally, so community property is divided evenly, which includes things like money, real estate, retirement plans, furniture, automobiles, possessions, and more. Like I mentioned before, it does not include separate belongings that is acquired with your own funds, inheritances, personal injury awards, or a business owned by the spouse before marriage.

If you dont live in a CP state, some of the factors considered in equitable distribution of marital property include financial situation each spouse will face following the divorce, earning power, any property you own separately, value contributed as homemaker, squandering of assets, misconduct leading to divorce, and the length of marriage.

Debts accumulated during marriage are subject to equitable distribution and community property.

In no-fault divorces, the spouse who contributed the most towards the accumulation of marital property is often awarded a larger share. In at-fault divorces, the spouse who was wronged may receive a greater portion of the assets as compensation.


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yregna
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Reged: 07/25/06
Posts: 1265
Loc: Oregon
Re: Debating divorce... [Re: confusedfool]
      #265644 - 07/23/07 02:00 PM

You are wasting your time unless you trick him into getting pregnant. That is what you need to do, then you will be getting checks for life. It is quite obvious that is the only reason you are married. It was a lot easier than going to college and building a career, right ?

--------------------
"Anything free is worth what you pay for it..."
"Climate is what we expect, weather is what we get"


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almostheaven
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Reged: 07/13/04
Posts: 10468
Loc: West Virginia
This is a troll... [Re: yregna]
      #265740 - 07/23/07 06:41 PM

Please do not let something this stupid upset you. They're best toyed with or ignored. But you CANNOT take them seriously.

--------------------
Char Fox


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