Sunday, July 25, 2010

Legal Advice -on divorce- from qualified persons ONLY, please.?

My fiancee is trying to divorce his wife whom he has been seperated from for two years now. We got together AFTER she left and they were legally seperated. However, she wants to add on the divorce papers the reason for divorce was adultery, which is false. She had a cell phone plan in HER name that he gave her money for every month after she left. When she finally turned his phone off she claimed he owed her $300.00 which included fees for the early termination. She was also asking for money for her student college loans which she took out in, once again, HER name only while they were married. They were married from july 142006-july 15 2007, just barely a year and one day.





She says that she wants a lawyer and that she's going to ask for these reparations before she agrees on the divorce. I feel she is doing this as a stall tactic to anger the two of us and keep us from going through with our marriage. Either way, it needs to be taken care of and my fiancee claims that if she does go to a lawyer that he/she will get creative and he will end up having to pay the charges for her lawyer and his potential lawyer as well.





For people who were only married a year, I don't think a lawyer would even want to take the case (for anything other than the money) as I believe it would never make it to court.





Any advice is welcome and appreciated as I want to get past this and avoid any unpleasantness this scorned female may try to cause. ThanksLegal Advice -on divorce- from qualified persons ONLY, please.?
In most states there is no fault divorce. The court doesn't want to hear your petty differences and could care less who slept with who. They will ask you to seek mediation. He will not have to pay for her attorney. The college loans may present a problem as debts incurred during marriage are usually considered joint. Using that logic he can argue that there was debt incurred for future benefit. Divorce excludes him from getting any future benefit. My advice to both of them is to sit down and come to a fair settlement and save themselves thousands in lawyer fees. It can be done. Split the property 50/50 and move on. lawyers love the battles , they get to charge lots of money and in the end it is just a settlement of property. I once ran into a lady who was divorcing and they owned two homes. Rather than settle she had spent $75,000 on an attorney and they were still not divorced. Talk about being scorned.....The courts are too busy to hear personal battles that have no legal basis.Legal Advice -on divorce- from qualified persons ONLY, please.?
Well technically they are still married so yes, he is committing adultery with you. However, most states are no-fault states when it comes to divorce so it wouldn't matter what the reason is as it will have no effect on anything. Your fiance really should higher a lawyer.
it dosen't matter what her claim for the divorce was. a divorce is a divorce. and during the time they were ';seperated'; they are still technically married.
Only a lawyer can give you legal advice, people on this site can't. Even if they are lawyers.





Anyway, he should proceed with the divorce, if she gets a lawyer, let him get one too. If her claims are frivolous then her lawyer will tell her this and probably won't pursue them. If they aren't, your fiance's lawyer will deal with them. I'm not sure where you live - most places don't even have fault divorce any more - but where I live they rarely allocate all the costs to one party either.





BTW, it's fiance if he's a man.
For SURE, she is acting like your typical ';woman scorned! She IS ';throwing or attempting'; to use a LOT of ';scare tactics'; his way. AND to even ';throw in'; the ';control'; of attempting to get her divorce on adultery, obviously has NOT yet to talk to an atty, OR that would just be one HARD thing for her to have to ';prove';, %26amp; I do MEAN PROVE! Yrs, ago that was one good reason lots of people used, BUT now days you NEED PICTURES %26amp; ir's VERY HARD TO even ';prove';at that. She's really drawing at a LOT of straws at some of these things %26amp; any ';good'; atty. would ';advise'; her of ALL that! She sure has a very ';active mind'; that I CAN say about her! Don't let ALL these things scare the two of you tho. The BEST to you...:)
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