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Author Topic: Length of marriage / equitable state  (Read 425 times)
whirlpoollife
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« on: May 27, 2014, 08:59:20 AM »

I'm in an equitable state. Filed for divorce two yrs ago, we lived together after that fact, not my choice, but according to the state that is two yrs legal separation. Thought I would be granted a divorce at this time... . wrong. We have heard nothing from x2b and his L.   I have a small inheritance. According to my L , h cannot touch it because that is by law not marital property.

But talking to another L , not affiliated with my case, said that because of our length of marriage and that this is an equitable state,  h is entitled to a percentage of my inheritance , beside a good portion of marital assets. 

My L is a reputable business L and part of a family law practice. He does not feel that we will go to trial but cannot understand why we have not heard from h and at the same time cannot understand my "overwhelming desire to finalize divorce ".    By my asking, my L said that IF there is  a trial it is on finances only. But... . this other L said that in a trial I will be questioned on why I filed for divorced , if the marriage was so bad why didn't I file sooner etc.   also other L feels everything is in h' s favor and to prepare myself for that.

h is behind but  paying support (small amount) to me now which would end for him once the divorce is final.

Anyone familiar with this kind of  economic divorce issues on trial in an equitable state?

Why is h prolonging it?
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"Courage is when you know your're licked before you begin but you begin anyway and you see it through no matter what." ~ Harper Lee
ForeverDad
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Relationship status: separated 2005 then divorced
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You can't reason with the Voice of Unreason...


« Reply #1 on: May 27, 2014, 09:49:01 AM »

Nearly all our spouses delayed our divorces.  Obstruction, they probably figure, is a way to sabotage us from living our lives without their control and entitlement.  The only ones I've heard who wanted a quick divorce were those who had already found someone new and wanted to lock in that new relationship.

It probably won't be as bad as was painted.

It probably won't be as good as was painted.

Maintain that the inheritance is yours and yours alone unless and until the court rules otherwise.  Any weakness of resolve in this matter will encourage more pressuring.  For all you know your spouse won't try hard for your inheritance, maybe what the new consult said was worst case scenario?  Meanwhile keep it separate, no mingling with any other money source, especially from marital money.
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whirlpoollife
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« Reply #2 on: May 27, 2014, 01:36:48 PM »



Nearly all our spouses delayed our divorces.  Obstruction, they probably figure, is a way to sabotage us from living our lives without their control and entitlement. 

That must be it.  This house needs work , can't do it till it 's in my name.

The only ones I've heard who wanted a quick divorce were those who had already found someone new and wanted to lock in that new relationship.

Noo

It probably won't be as bad as was painted.

It probably won't be as good as was painted.

That eases the stress


Maintain that the inheritance is yours and yours alone unless and until the court rules otherwise.  Any weakness of resolve in this matter will encourage more pressuring. 

Good assertive advice

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"Courage is when you know your're licked before you begin but you begin anyway and you see it through no matter what." ~ Harper Lee
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