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Yes, get a divorce lawyer - sm

Posted By: In-debt MT on 2008-12-15
In Reply to: Suze Orman just had something on her show about - a similar situation s/m

I talked to one before I confessed to my DH about the debt he knew nothing about ($88K) figuring my marriage would be over. In the event of a divorce I would have walked away with no debt, no home, but enough leftover to either buy a house with a good downpayment, or rent and be able to afford it for quite a while. I know my DH would have tried to get the kids too but I don't think he would have "won" despite my deception about the debt. I do everything for my kids, he does nothing except make dinner a couple times a week and takes them to the movies or skating every 3-4 weeks, that is it. I never got so low as to open cards in his name, and I am thankful I never sunk to that level though it did cross my mind once or twice I knew it was horribly wrong. I suspect he just filled out them in your name, maybe even on line, and then transfered his debt to yours, possibly putting himself as a user on the account, but even w/o doing that he could still transfer his debt to "your card", I know, I would transfer debt off my husband's cards onto mine so his credit would stay pristine, and so he would not find out. I would inform the companies that you did not open the accounts, have a fraud investigation started. As for telling him about the debt, since you are already heading for divorce, I would not tell him a thing, let the lawyers figure it out. They will do a list of assets and debts and figure it all out in the settlement. He can find out then. Run a credit report on yourself and find out how many cards he opened up in your name, and call each one, or better yet talk to a lawyer first and see what they have to say on the matter. I know my mess was/is bad but very thankful my DH ended up to be forgiving enough or just too lazy to go thru another divorce (I am his 2nd wife), and/or did not want to put the kids thru that. But the sooner you get the ball rolling and start taking care of things the better you will feel, I know, I feel so much better now. You kids will be happier too. Do not stay for the kids or keeping a stable home, etc. If you are miserable, then they are too and it is a horrible example for them. In my case a miracle happened and things are better than they have been in a long time, but it sounds like your case is terminal. I wish you the best of luck.


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I'd tell him to save HIS money for a divorce lawyer sm
He seems kind of rude to me. No way my hubby would dictate to me like that.  He knows I would show him the door
Machine of my choice - divorce lawyer
I couldn't live like that. Besides the awful stench and the health hazards, I wouldn't stand for his lack of respect for me.
What's your lawyer doing
If you're separated, why aren't you and the kids in the family residence, or why isn't your ex forking over child support and alimony so you can afford your own place?

Check with welfare, Medicaid and children's services in your town to see what programs you're eligible for.

If its untenable to reside with your parents, go to a shelter until you resolve the money issues and then get your own place.

Save yourself. Light a fire under that lawyer and be more pro-active. Take charge, it you can't do it for yourself, find the strength to do it for your kid's future.
Might need to consider another lawyer
My BIL turned down for disability before, got another lawyer and it made all the difference in the world and he got his disability after being turned down before a judge. Is this lawyer strictly in the disability field or could you perhaps get a second opinion. It would not hurt to try.
I'm not a lawyer yet but...
If that bill really was first incurred in 1987 (!!!!!) there is no way on earth that it should be collectable from ANYBODY, let alone the minor child at the time!

That said, most states have a statute of limitations. Most states (you never said which state you're in, so I can't look up that state's regulations) start counting a statute of limitations from when the most recent payment was made on the account. So if your parents stopped making payments on the bill in 1999, then in a state with a 6-year statute of limitations (SOL), then legally the hospital or any secondary debt collectors cannot take legal action to collect the debt after 2005.

Now....

Not being able to take legal action to collect the debt does NOT mean that they can't try to weasel it out of you through guilt or intimidation. But they don't have a legal leg to stand on to enforce anything once the SOL has run out.

So...

They never should have gone after YOU no matter what.

And they never should have even had it in their records from 6 years after your parents last made a payment on it.

Like somebody else said - tell them to pound sand! LOL!
The lawyer and the money
Well, it seems kinda funny that shortly after her court case was settled her son died. Then, she had the committment ceremony with the sleazy lawyer. Now, a few months later she dies? Wonder who her beneficiary is. It could shed some light on the events surrounding her and her son's deaths. I wouldn't say it's all about the money, but it does seem suspicious. I still wouldn't be surprised if it winds up just being a drug overdose though.
Doctor says to lawyer
We were born on the same year, month, day, and minute. We were born in the same hospital, hospital room and we have the same 2 parents. We are not twins and we have no brothers. Explain this.
Which one? The lawyer or radio DJ..nm
x
I'd get a lawyer ASAP and have those
before he spends it all on the other woman or hides it offshore.  No way would I let my half go with him and that other woman.  I know this may sound a little harsh, but your mom needs to wake up and do something now before it's too late. 
She told her lawyer...sm
That he wouldn't get out because he said he didn't have to until the divorce was final and she can't make him leave until then which is next week. The lawyer can and will make him get out. Her lawyer is very crude and ruthless. She hates to go through all of that though. She wants him to peacefully leave. When the divorce is final she could call the sheriff's dept. and they could make him leave but she really said this would hurt her so to have to do that. It is hard enough without all that.
Mama has told him go live with the other woman. I don't think the other woman wants him there. See she is just using him because daddy has it bad for her and she uses it to her advantage to get anything she wants from him. To tell you the extent, he had around $70,000 cash in the bank less than a year ago and it is gone. My mama has seen the other woman's mame signed where she goes to his bank and everything and is allowed to get cash out. So she is just using my daddy for money and he knows this but he has it so bad for her he lets her do it. He is now broke and has no more money or not much anyway. This woman has broke him but it is his own fault for letting her. He should be smarter than that. She doesn't want him living with her I don't think or he would. I don't know. But my mom says if you hadn't gave her all your money you would have money to find a place to live. She says not her problem. Which is true.
Talk to a lawyer first - sm
I had the exact situation listed here above, house in DH name, family 4 hours away, no money, etc. In my state, VA, it is a equiable distribution state, meaning they divide it fairly, it is not an automatic 50/50 they take in each persons contributions, etc. So in my case the house would have been 40% mine as he put down the 20% on the house from the sale of his house. Our debt would have probably held where it was about 55% mine versus 45% his, or actually I might have ended up with more as my name was listed as a user on one of his accounts and I did deceive him. In my case, I was hoping he would leave, go live with his brother in MD or rent the apt. next door (neighbor has a vacant apt. over garage, tenant just died), but he would not have done it willingly. Even now after we have worked through everything, he said the other day if I screwed it up again he was taking the kids to his parents, leaving me, and would burn the house down so I got nothing. Sweet. (then again he'd be in jail and I would have the kids and the insurance money if there was any--doubtful since it would be arson). Like I said it has not been all roses but it is going well for the most part. In my case I am glad it was not the end of my marriage though I thought it would be; I talked to a lawyer in anticipation , $160 for 45 mintues, but well worth it.
She needs to talk to a lawyer before doing - sm
anything. Before I confessed to my DH about our debt back in Oct./Nov., cannot even remember when now, I talked to a lawyer as I wanted to know what my rights were and where I would stand in the event of a divorce. She was quite clear about not taking the kids out of the state. Once your friend has a custody agreement in place then maybe, obviously the lawyer and courthouse clerk could best advise her on that, but there are a lot of things that need to be done prior to that or he can call the cops, etc. He sounds like a primo A-hole. She needs to move fast before they lose their house though.
CPS does tell if lawyer gets involved. have had every detail given to me before sm
when they were called in me for my kids riding their bikes in the neighborhood streets like every kid in the neighborhood did. we hired lawyer, refused the one on one investigation at school with the kids, and had the "meeting" at the laywers office. never allowed them in our home, but our lawyer got every detail of the report, which was passed onto us. we had the date, the name of the person who called, their address, everything.
You can probably make-up a date to see a lawyer
because marriage is based on truth.  Just tell him you are done!  End of story.  If he catches you in a lie, that could spell trouble.  JMO.    
Time for a call to a lawyer.
x
Take this to a lawyer. Fight for him. This cannot be legal.
asf
I did talk to a lawyer too before I dropped - sm
the bomb on my DH as I wanted to know where I stood. I live in a state where they do an equitable disbursement of the marital goods, assets, etc. I would have a 40% stake in the house, entitled to about $100K in his 401K (1/2 of its growth since we married), 1/2 of assets we purchased together. Though a judge would deem what it fair, either way I would walk away debt-free though I would not have a home if we sold everything. He told me in one of his pissy moments that if we lose the house (which there is no danger of) he is moving in with his parents with the kids and I am on my own. What he does not realize that no judge would give him custody (has depression , threatened suicide, etc) and the kids would want to be with me. He has a temper too that gets the better of him too much and he is an alcoholic as well. So if a judge gave him custody I would be totally shocked. I am relatively healthy though overweight by 70 pounds, drink a glass of wine 5 days a week maybe (that is it--he drinks 9-12 beers a day --every day--- though he has cut down to 9 since the 13th for which I am happy for though I'd rather he quit altogether---But good thing to find out where you would stand in a divorce and what you would need to do in terms of custody if push came to shove.
probably call a lawyer dont you think?
Maybe she could see a counselor herself and see if they could help her to make the decision or at least scoot her in the right direction about what she needs to do or who to talk to.

That's too bad of a situation... wish her the best
Go talk to a lawyer pronto - sm
I did this before I confessed to my DH about our debt issues back in October as our house is in his name only as is the mortgage, and wanted to know where I stood with my "share" of our assets. If it was bought after you married, as ours was, then it is maritial property. The division is not 50/50 unless you both contributed equally to the downpayment, in my case he used the money from the sale of our (his) former house that he had before we married. So my share would be something like 40%. Our two cars are in both our names, except our boat and utility trailer, those are his which is just fine with me. I also have no money, but he (we) has a very nice 401K (still by some miracle), of which I would be entitled 50% of the earnings in the time period of our marriage. But basically regardless of whose name is on what it is maritial property as long as you lived in it together and you contributed to the household in some way whether it is paying all the bills, or some, or staying home to take care of the kids, it is a contribution. They figure out all the percentages, etc. I would not leave the home though, he will say you left the marriage, etc. Call around, see if you can get a free consult or a discounted consult. I think I paid $160 for my 45 minute phone call but I felt much better for doing so. Luckily I did not end up needing the lawyer, but I was ready to do so if necessary. Good Luck.
,,,use your support system, and find a lawyer who
s
Call lawyer! Nobody here is atty. Consultation will
x
Good point, I will be contacting a lawyer - sm
to get their input, though I wil probably do the filing solo so I save money, only about $300 if I do it myself. Just need to get info and follow the rules.
Oh sorry. I thought he was a lawyer and the other two guys' father was judge. sm
My bad, but either way daddy can get him out of it.
Good luck but I doubt you will find a lawyer sm
First of all, I am glad that your sister knows the truth and is not dying. Unfortunately I know from experience what it is like for a loved one to be given a misdiagnosis death sentence. My father-in-law went in the hospital almost 2 years ago with trouble swallowing and ended up getting referred to an ENT that sent him over to a neurologist. He did an EMG/NCS on his tongue, said he had ALS, and to prepare within 6 months to make a decision on being on a ventilator or being DNR. He had to quit working early & be fed through a PEG for over a year, during which time I took him to a different neurologist, a specialist in motor neuron diseases, who said that EMGs performed on the tongue are unreliable and that he had no evidence of ALS at all. Basically what had happened is that his vocal cord was not working properly, and the ENT said it was paralyzed, which is was not. Because the first neurologist just assumed the ENT was correct, he made the diagnosis. I tried calling a few lawyers for the pain and suffering aspect, but unless you want to try through civil court, there is no malpractice involved because there was no permanent physical damage done. They're lucky he didn't follow through with the suicidal thoughts he was having when he was first told all of this bullcr@p.
divorce
Been there. You hit the nail right on the head -- his drinking overpowers or affects every aspect of your life, and your childrens' lives. Every day, every minute. Most people can't comprehend the constant stress that puts on a family. He's absolutely miserable with his drinking, and wants everybody around him to be as miserable as he is. Tired of walking on the eggshells and sick of the promises that mean nothing? I know I was! Drunks tell you what they think you want to hear to buy them more time. You need peace in your lives for once. You need to be able to predict what your day is going to be like when you wake up in the morning, and so do your kids. I hope it is a 'friendly' divorce for you. You may hurt his ego more than anything else. Good luck to you. I'll be keeping good thoughts for you. I will tell you this -- when my ex left after 12 years, my children and I finally felt like we could BREATHE.
Just let me know about the divorce! nm
m
divorce
Me, too, Freebie - I absolutely despised the man after 17-1/2 yrs., got divorced. He had the nerve to die 5 yrs. later. Had I stayed, I would be on easy street now instead of wondering whether to pay the phone bill, the electric bill or pay for Christmas or charge it. If I only knew then what I know now - haunting isn't it?
Divorce

My children were 14 and 11 at the time of my divorce, they are now 24 and 21 and are happy productive adults that any mother would be proud of. Not to say it wasn`t a very hard thing to go through, but all the fighting is very hard on the children to. I remember my daughter telling me that if I was to ever take her dad back she would be very mad at me, what does that tell you, if your children are old enough, talk to them about their feeling and fears.


Also, their dad got in their in there head and promised them all kinds of things that never came to past, to get them to stay with him so he didn`t have to pay child support,so be ready for that to, but as I said it didn`t take my daughter long to figure that all out, now she is grown and married and her and her dad hardly speak, which breaks my heart, it not fair that a child should have to do without either parent. Anyway I could go on about this subject all night cause it is a heartbreaking thing for all involved.


But you are the only one that know if it`s worth hanging on to.


my prayer`s go out to you in whatever you decide.


After my divorce
and my 45th birthday, it seems like everything changed for me. Things I thought were important, aren't anymore. I don't care about what I have, I'm more interested in what I've done, or more specifically, haven't done yet. Even my politics have changed some. Life changes you. Its like Character Remodeling as we mature.

I've always been suspect of anyone over 45 who tells me that they have no regrets in life. Have they lived life with eyes wide open? Nothing could have been made better?

In some ways, if you aren't evolving and changing, is it possible that you are not living? Great question.
divorce
It takes time. Be extra kind to yourself, seek support if you need to. It does get better, trust me. I am now in a place where I'm happiest I've ever been. I'm still alone but independent and free!
Divorce
I divorced my first husband when my children were 1 and 3. He was a crack addict. It wasn't easy but it was the right decision for me. I would definitely suggest going to Al-Anon. I didn't make it there until quite a few after my divorce, but it helped me a great deal. Best of luck with your decision.

Shelly
If you are going through with the divorce,
it will come out when you list assests, debts, etc.
divorce
I always think it is funny when women think divorce is the best thing for everyone and will make everyone happy.

Kids need two parents whether you are divorced or not, not a counselor to straighten him out.
Divorce
My jerk of a husband told me I have less than 2 weeks to move out -- that he spoke with a lawyer -- personally I don't think he has, but is this legal?  My name is not on our home, but I have my own car in my own name, which I pay for and he has a set of keys-- refuses to give them back to me.  I have about $80.00 to my name these days until payday.  You know how it is with MT work -- living paycheck to paycheck.  What can I do?  Is there free legal help for women?
Divorce
My jerk of a husband told me I have less than 2 weeks to move out -- that he spoke with a lawyer -- personally I don't think he has, but is this legal?  My name is not on our home, but I have my own car in my own name, which I pay for and he has a set of keys-- refuses to give them back to me.  I have about $80.00 to my name these days until payday.  You know how it is with MT work -- living paycheck to paycheck.  What can I do?  Is there free legal help for women?
Amicable divorce, can it be done?....sm

It's time DH and I end our marriage. It's not a good situation for any of us. Long story short, DH thinks it is me because I'm a miserable B**ch. All I know is DH is an alcoholic, which overpowers everything, so I have no idea, in all honesty, what lies beneath. The kids and I pretty much know every morning when we get up that today will end like every other day with dad coming home after his six pack +, feeling guilty, looking for imperfections in everyone else to gripe about to avoid the fact that he's drunk once again, and no mater how much we try, in the end, in an argument.


I'm mad at DH for choosing the alcohol over his family, I'm angry at myself for staying longer than I should have, etc., etc., etc.


I've decided the bottom line is that I want healthier, more peaceful, and more productive lives for myself and my kids. In the best interest of my children, he is their father and no matter how much hostility I feel towards him, the best thing for my children is that neither of their parents ends up destroyed or broke over the divorce. Basically, I want to remain focused on the goal of providing a better life to myself and my children, including not contributing to the destruction of their father. My suspicion is he is going to end up destroying himself anyway, but I honestly don't want to force that to happen. The optimal outcome for the kids would be to end up with two emotionally stable and financially secure parents. Is it possible to end the marriage without destroying the kids?  Is it possible to stay focused on the ultimate goal of having a more peaceful and satisfying life for you and the kids and to just let go of anything that does not make a positive contribution toward that effort?  Has anyone successfully managed an "amicable" divorce, or at least as amicable as possible?  I've already wasted 15 years on a marriage I knew all along was never going to be successfull no matter how much I  wanted it to be. Any advice?


 


 


Question of dog in divorce
I filed for divorce due to abuse, only married 4 years with no kids but we do have a dog.  He is considered "marital property" in my state and therefore part of the equitable distribution which is 50/50.  I am wondering how it will be decided who gets him.  My soon to be ex did pay for the dog (a purebred) but he has been at home with me from day one so. Has anyone been through anything similar that can give me a clue as to how this might be decided? 
This came up when my daughter got a divorce
and she and her husband got their dogs from the humane society. I was heartbroken thinking the dogs would be going back. I had already thought what kind of ad I would put in the paper, maybe hunting a good home for my granddogs.Long story short, she and her ex now share joint custody. Both are on good terms with each other and if my daughter needs time for herself, she contacts him and they switch the dogs over to his place and vice versa. It is so great for me and I still have those little ones in my life.
How long until the divorce comes
through??

I can't believe he'd do that. Men. Just wait till she puts Ex-Lax in his brownie right before his big presentation at work.
After a divorce is final...

After a divorce is final...what are your thoughts on the mother and her child requesting that their names be changed back to her maiden name?


"Traditionally, courts ruled that a father had an automatic right to have his child keep his last name if he continued to actively perform his parental role. Although there is still some bias in this direction, it is no longer strictly true. Now a child's name may be changed by court petition when it is clearly in the best interest of the child to do so. When deciding whether to grant a name change, courts consider many factors, such as the length of time the father's name has been used, the strength of the mother-child relationship and the need of the child to identify with a new family unit (if the change involves remarriage). The courts must balance these factors against the strength and importance of the father-child relationship. What this all boils down to is that it's up to a judge to decide which name is in the child's best interest."


What would really be in the childs best interest if he doesn't grow to know his father anyway? keep the last name? or change it?


See a divorce attorney

Find out what your rights are in your state. If the children are staying with you, then your husband should be the one to leave. It doesn't matter if he says he won't do it. It matters what the law says he will do. If you have a court order telling him to leave, he will either leave or go to jail.


I understand how difficult this is, I really do. I have been married a long time and have come very close to divorce, to the point of physical separation, twice. No matter how bad the situation is, your life is entwined with your husband's and it hurts to break those ties.


But for your sake and the sake of your children, you need to do it. And you need to be prepared. That is why you must to have someone on your side who knows the law and can help you make sure you and your children are protected and get everything that you need and deserve.


Try Divorce Care
I went through a divorce. The kids were very young and many years after the divorce, the kids started asking questions. I heard of a program through our church called Divorce Care. It was wonderful! That support group helped my children as well as myself. Google it and there just may be a church in your area that provides that. Good luck.
See inside RE: Divorce.
It sounds like you have gone in different directions; however, marriage is about compromise.  It sounds as though you've gone in different directions.  What a shame.  It is a tough world, but think before you act because I know someone who was in your shoes, and she divorced her husband and now it is really hard for her to make enough to survive, let alone, have any fun.  I think it sounds like you need a "weekend getaway" to number one, light that flame again.  You also need to do some research on your own and try to compromise in where you live.  It is obvious you will need to be the house hunter, and then once you find what you want within reason for distance to his job, hunting, backyard, etc., you sell it to him in a way that first and foremost meets his needs, and then put your needs second this time.  That way, he feels "ownership", and you in the long run get exactly what you want.  Keep in mind, men are just big little boys, and most want a very simple life.  l wish you all the luck, but I wouldn't give up on your marriage as your children will ultimately suffer. 
My SIL wanted a divorce until
he got accepted into medical school. Then things changed rather quickly. The person he is married to now he met in med school and they graduated together and work together at the same hospital. She encouraged him and motivated him the entire time he was in school. He didn't start med school until he was 31 so it was a big decision on his part. Am so proud of him.
Divorce is like suicide
It is a permanent solution to a temporary problem. Wait a while and things will get better. It always does. I have been married to the same guy for 40 years and I dated him for 5 years before I married him and based on this experience I give you my "aged" wise advice!

I think you are just ticked off that he never considers what you want to do and so you feel like if he went to Africa or somewhere for a few months it would give you a respite from anger. Go to counseling or get a friend of his (if he has one who is suitable) to let him know that your complaint is a valid one and that he needs to take a look at his behavior of always making plans without consulting you. Let him know that you guys are a "we" not an "I". Just temporarily, go downtown and get a pedicure and buy something new for your trip that he planned that you did not want to go on. You will feel better, have a new outfit or two, and your feet will be lovely until this resolves itself (and it will).
Sometimes it comes down to divorce OR suicide
I've known too many people who pretended it would get better someday and it never did.  All it did was add years of misery to their lives.  Depends on the issues and the big picture - sometimes divorce is the best answer.
Except FL has no fault divorce. Everything is 50/50.
nnnnnnnnnnnnnn
Can't seem to move on after divorce
I'm divorced now for quite a few years and have just had absolutely no interest in dating. I have 2 children (older) and bringing men into their lives in any capacity has never sat right with me, yet I'm lonely. My ex has moved on (in a new relationship) and unfortunately I have to be around them during kid's functions. It's not that I'm pining for my ex. I just miss being a family unit. I sought a little counseling but it didn't help. I'd appreciate any advice anyone might have who has been in a similar situation.
What do I think? Time for a divorce!

I will NEVER be able to understand why women put up with stuff like this. Your husband sounds like an ***. 


I have - or had - a friend whose husband was like this.  Very controlling.  They fought all the time because unlike you, she WOULD push the issue constantly. The fights eventually became physical. After so many times of her crying on my shoulder and asking for advice (my advice was pretty obvious), I finally decided I couldn't be her friend anymore.  I did care for her, but I can't be the shoulder ever time he hits her and then be waiting for the next time to say the same things again.


It bothers me a lot that women put up with controlling jerks like that, and I just can't stomach being part of it. That is your sister! Who is he to tell you that you can't see her?


Ugh, this kind of stuff makes my stomach turn.


My psychiatrist says I need to get a divorce

I never thought this would happen to me, but after 3 visits, my psychiatrist says that I'm wasting my life and my husband's by staying in this marriage.  DH hasn't fallen out of love, but I married for the wrong reasons and life has gotten stressful and I've been so depressed I wanted to die.  This MD says my marriage is a goner and I need to face it and get out.  These are terrible economic times to try to go it alone, and one of my problems with my marriage is that we have not managed money well, so I'll come out of it with more debt than equity.  And what a terrible time to try to sell a house.  Yuck. 


Oddly I found somebody with a townhouse with a room to rent and a separate bathroom near my work.  It would cut my commute down to nothing, and I really wish I could move right in and get on with my life.  So I guess the psychiatrist is right, but am I up to all the work ahead to get out on my own and survive??


Before the divorce he never came to my house...sm
and he lived next door. He never called, never cared about associating with me or not. I seen him of course because I was living right next to him. That is what is so weird for me. We have never been close at all. Daddy was always a loner who didn't like to be bothered with children, his or anyone else's.