Posted by: julian

opinions - 04/03/06 06:06 PM

i have been separated for 9 months now in alabama. i am representing myself and so far have done quite well in court posting a 2-0 record. she filed last summer and has not responded to either of the 2 proposals i have given. she feels that since she used her money from her previous divorce as a down payment for our house, she should get that off the top and we split the proceeds after selling. however, since i gave up a 6 figure job because she was unhappy and moved to alabama for her, that has to play into the ruling wouldnt you think ? she blames me for not finding the same kind of job here as there but yet her spending habits incresed. talk to me guys !!!
Posted by: Jennifer35

Re: opinions - 04/12/06 03:09 AM

Any income or losses during the marriage would certainly come into play when dealing with the financial rulings of your court case depending on circumstances, however, in most cases (and I'm not lawyer, but worked for them for 13 years in Alabama) where or how the money came into a marriage is not a factor. Once you enter into a marriage contract, the income or monies are perceived to be equally divided, as with most assets that were acquired during a marriage. Therefore, if the house that you own together was acquired AFTER you got married, then most county Judges will order that the house be sold and assets equally divided unless you guys can come up with an Agreement. The amount of income you lost by switching jobs, and the amount of money she spent before the divorce usually will not come into play in a court case (other than a shooting match that the Judge doesn't want to hear)

For the most part, most judges will want to split the assets (acquired during the married) in the middle as they deem it to be the fairest way. Any assets either party had prior to the marriage, of course, is normally awarded to the originating partner.

My suggestion to you is (if the house was acquired after the marriage) to sell it, split the proceeds, and live a happy life. Most judges will do this anyway, and if you are representing yourself (especially) I would request this of the Judge and you will look better for it. If she attempts to 'get more', then she will come off looking like the bad guy to the Judge, and you could possibly come out ahead. Remember, don't ever ask for more than you deserve in front of Judge no matter how angry you are...this will count against you.

For the record, I also went through a divorce and custody battle with my ex (who is the btw a lawyer), and this approach is the best way to get in the Judge's good graces.

I wish you well.