Author Topic: Question about divorce  (Read 6623 times)

Avalanche2082

  • New Member
  • Posts: 18
Question about divorce
« on: November 01, 2008, 06:51:29 PM »
I have been married for a year and I think my wife is going to divorce me. How long do you have to be married to qualifiy for alimony? My wife has supported me since we were in high school. We have been together 10 years. We have also lived together 7 of those years. I am on all kinds of medication and she has always told me I don't need to work and it's hard for me to with the medication I'm on. I have serious neck and back problems along with depression and anxiety. I have no work history and I feel like I am helpless. Also what is a postnuptial agreement? Are they unbreakable? Are they worth getting? What ways can they be broken? ANy help with what I can do as I am technically handicapped and will be out on the street and am unable to work enough to live?

SteveS

  • The Voice of Reason
  • friends
  • Senior Member
  • ***
  • Posts: 1,224
Re: Question about divorce
« Reply #1 on: November 01, 2008, 07:23:41 PM »
Divorce laws vary by state, so your best bet is to consult with an attorney that does divorces in your state.  Alimony is less common than in the past and is becoming less used in divorces.  Generally speaking, courts look at the following factors:
-Duration of the marriage
-Health of the parties
-Future earning potential
-Age

There are others, but these are biggest, IMO. 

A postnuptial agreement also depends on state laws.  They are agreements between husband and wife on issues such as asset distribution, spending, inheritance, and property distribution.  Are they worth getting?  It depends upon your circumstances.  In terms of how they are enforced, courts will look at the 'fairness' of the agreement at the time it was created and at the time it being enforced.

Profanity is the linguistic crutch of the inarticulate mother****er.

txgho1911

  • friends
  • Member
  • ***
  • Posts: 228
  • sedition hammer
Re: Question about divorce
« Reply #2 on: November 01, 2008, 10:42:13 PM »
If this is something you suspect then do not say a word to her about it. If you have you may be in a world of trouble.
Watch the accounts for a retainer payment.
Start moving money quietly. Start now. Call and have the limits on Credit card accounts lowered or frozen at lower levels. If you need credit go after one of those offers and put it in your own name.
Prepare for the worst and do not act so in front of her. Be honest with her in every other way.

You may have problems anyway if you suspect she considering divorce. Seeking advice online is very dangerous if she discovers it or learns about it. Seek advice from people closer to you. Talk to a lawyer.
socialnewswatchDOTcom instead of Drudge

Don't care

  • Member
  • *
  • Posts: 486
Re: Question about divorce
« Reply #3 on: November 01, 2008, 11:12:43 PM »
Alimony defined:

The screwing one gets, for the screwing one got.

While alimony, or maintainence, as it is called in some states now, still exist; spousal support of that nature is often only doled out for only the more unusual cases.....and men almost never get it. I know its still a prejudicial, but men are still continually screwed over with matrimonial actions. This is not to mention child support and custody battles either.

A piece of advice for what it is worth: Find a FEMALE matrimonial attorney to represent your interests. With any luck, wifey-poo will have to pay for your representation.

BridgeRunner

  • friend
  • Senior Member
  • ***
  • Posts: 4,845
Re: Question about divorce
« Reply #4 on: November 01, 2008, 11:23:47 PM »
While alimony, or maintainence, as it is called in some states now, still exist; spousal support of that nature is often only doled out for only the more unusual cases.....and men almost never get it. I know its still a prejudicial, but men are still continually screwed over with matrimonial actions. This is not to mention child support and custody battles either.

A piece of advice for what it is worth: Find a FEMALE matrimonial attorney to represent your interests. With any luck, wifey-poo will have to pay for your representation.

I find it amusing that a guy has been married for a year and now wants advice on how to make his wife has to continue supporting him indefinitely, and that a response to this involves talking about the rapaciousness of women.   :rolleyes:

But by all means, stick to women divorce lawyers.  I'll be glad of the business shortly.   =)

Hawkmoon

  • friend
  • Senior Member
  • ***
  • Posts: 27,304
Re: Question about divorce
« Reply #5 on: November 02, 2008, 12:01:51 AM »
I find it amusing that a guy has been married for a year and now wants advice on how to make his wife has to continue supporting him indefinitely, and that a response to this involves talking about the rapaciousness of women.   :rolleyes:

But by all means, stick to women divorce lawyers.  I'll be glad of the business shortly.   =)

10-4 BW

Somehow, I have the indelible impression that most of the responses before yours did not bother to address the actual original post.
- - - - - - - - - - - - -
100% Politically Incorrect by Design

mfree

  • friend
  • Senior Member
  • ***
  • Posts: 1,637
Re: Question about divorce
« Reply #6 on: November 02, 2008, 01:04:44 AM »
Quote
My wife has supported me since we were in high school. We have been together 10 years. We have also lived together 7 of those years. I am on all kinds of medication and she has always told me I don't need to work
...

Quote
we have been together since high school, she has never had a job and has no experience or skills besides being a homemaker.


I have to ask... which one is it? And with the previous blurb about letting her work but being afraid of men glaring at her... I think you need marriage counseling, my friend, ASAP.

dogmush

  • friend
  • Senior Member
  • ***
  • Posts: 13,936
Re: Question about divorce
« Reply #7 on: November 02, 2008, 01:46:26 AM »
I'd be more concerens about this:

Quote
We have been together 10 years. We have also lived together 7 of those years.

and this:

Quote
if it helps shes 23 years old.

But hey, I'll let you in on the secret to a good marriage.

If you think she's unhappy......wait for it........it's coming now.......talk to her. :O  (crazy-talk, I know.)

Seriously, no relationship is 100% happy all the time.  If she's not happy, figure out what is bothering her, and then together, figure out how to address the problem.  A good marriage takes a lot of work, by both parties.  You'll get a lot farther learning to communicate with your wife, then you will seeking advice on the net.

Avalanche2082

  • New Member
  • Posts: 18
Re: Question about divorce
« Reply #8 on: November 02, 2008, 08:07:53 AM »
the other question was asked for a friend the one about the 23 year old homemaker, he was having problems at that time and it looks like my problems are beginning to start.

Don't care

  • Member
  • *
  • Posts: 486
Re: Question about divorce
« Reply #9 on: November 02, 2008, 10:26:53 AM »
I find it amusing that a guy has been married for a year and now wants advice on how to make his wife has to continue supporting him indefinitely, and that a response to this involves talking about the rapaciousness of women.   :rolleyes:

But by all means, stick to women divorce lawyers.  I'll be glad of the business shortly.   =)

Please show me where within the statement I made, that could be construed to comment of the rapaciousness of women.

If I would have stated any commentary pointing to Hell and a woman's scorn, then I would be guilty of such an act. However, and this is merely an opinion, the women are better matrimonial attorneys. Perhaps it is because marriage, like many relationships, include a multitude of emotions that generally are understood better and argued by the female gender.

If I wanted to comment upon the virtue of attorneys, or specifically matrimonial attorney, I would have merely offered that he seek the services of those with the character traits of the late Johnny Cochran.

BridgeRunner

  • friend
  • Senior Member
  • ***
  • Posts: 4,845
Re: Question about divorce
« Reply #10 on: November 02, 2008, 01:27:31 PM »
Please show me where within the statement I made, that could be construed to comment of the rapaciousness of women.

Quote
spousal support of that nature is often only doled out for only the more unusual cases.....and men almost never get it. I know its still a prejudicial, but men are still continually screwed over with matrimonial actions. This is not to mention child support and custody battles either

First of all, men almost never get it because men rarely sacrifice their lifelong earning potential for the sake of the marriage.  Combine that rarity with the other factors that make spousal support pretty uncommon, and yeah, men rarely get it. 

That isn't "a prejudical", that's just the the way the rules of equity work out in most situations. 

As for men getting "continually...screwed over in matrimonial actions"?

BS.  First of all, if anyone is proposing a screwing over in the OP, it is the OP seeking to screw his stbx (although considering the vastly disparate storeis the op has told, I'm gonna assume that anything from that quarter is untrue, and is an example for discussion purposes rather rather than a real life situation). 

Second of all, I wonder what evidence you have to backup your assertion that it's "a prejudical" and that men are "continually screwed over in matrimonial actions"?  Statistically, women are far more likely to end up sunk in poverty following a divorce.  Women are far more likely to become victims of violent crime during and following a divorce.  Despite these inequities that are imposed by nature, the laws of every state in the union have changed in the past several decades to imposed an individualized evaluation process for determining the equities of each case.  This allows both men and women to adapt the system to their individual needs and situations.  Sounds to me like you are defining "screwed over" to mean "not able to walk away without consequences".

Personally, I've never been able to walk away from anything without consequences.  Not sure why a marriage should be an exception to that rule.
« Last Edit: November 02, 2008, 01:31:41 PM by BridgeWalker »

SteveS

  • The Voice of Reason
  • friends
  • Senior Member
  • ***
  • Posts: 1,224
Re: Question about divorce
« Reply #11 on: November 02, 2008, 07:04:05 PM »
BW beat me to it.  For the most part, women are worse off folllwing a divorce in terms of finanace, while men are relatively better off.  I would say that in the area of child custody, women are still at an advantage in some courts, but some of this is due to the facts that they assume more child rearing responsibilities.  That being said, I have run into a few judges that tend to favor kids with mom, despite the facts.

Quote
Find a FEMALE matrimonial attorney to represent your interests.

I have never found any evidence to back this up and I would say that it depends upon the judge.  I think it is more helpful to find a good divorce attorney.  FWIW, I do divorces, so I have a financial interest in people not following the "get a female attorney for a divorce" advice.
Profanity is the linguistic crutch of the inarticulate mother****er.

ilbob

  • friend
  • Senior Member
  • ***
  • Posts: 1,546
    • Bob's blog
Re: Question about divorce
« Reply #12 on: November 02, 2008, 07:44:45 PM »
I have been married for a year and I think my wife is going to divorce me. How long do you have to be married to qualifiy for alimony? My wife has supported me since we were in high school. We have been together 10 years. We have also lived together 7 of those years. I am on all kinds of medication and she has always told me I don't need to work and it's hard for me to with the medication I'm on. I have serious neck and back problems along with depression and anxiety. I have no work history and I feel like I am helpless. Also what is a postnuptial agreement? Are they unbreakable? Are they worth getting? What ways can they be broken? ANy help with what I can do as I am technically handicapped and will be out on the street and am unable to work enough to live?

Reality warning. Don't read the this is your feelings are easily hurt.






Is it possible she is tired of living with a leech?

While neck and back problems are pretty common, and can be debilitating, there are things you can do to help yourself. Yoga classes come to mind. Lose weight if that is a problem. Lots of other things that can make back and neck pain livable.

I rarely buy the anxiety and depression stuff. Most people have nothing to be anxious or depressed over except for the things they did to themselves and normally there is just one person who can fix that problem. I think you know who that might be.

Unless you want to be in the same boat 10, 20 or 30 years from now, you need to take stock of your life and do what it takes to improve it where you can. No one else can do it for you.
bob

Disclaimers: I am not a lawyer, cop, soldier, gunsmith, politician, plumber, electrician, or a professional practitioner of many of the other things I comment on in this forum.

BridgeRunner

  • friend
  • Senior Member
  • ***
  • Posts: 4,845
Re: Question about divorce
« Reply #13 on: November 02, 2008, 07:51:46 PM »
Reality warning. Don't read the this is your feelings are easily hurt.

+1.  It needed to be said.

Although, honestly anxiety/depression aren't about whether one has anything to be anxious/depressed about.  They are some folks' reaction to various stimuli, not even necessarily bad stuff. 

But being debilitated by them in the long term is often a choice. 

Don't care

  • Member
  • *
  • Posts: 486
Re: Question about divorce
« Reply #14 on: November 04, 2008, 09:10:24 PM »
First of all, men almost never get it because men rarely sacrifice their lifelong earning potential for the sake of the marriage.  Combine that rarity with the other factors that make spousal support pretty uncommon, and yeah, men rarely get it. 

That isn't "a prejudical", that's just the the way the rules of equity work out in most situations. 

As for men getting "continually...screwed over in matrimonial actions"?

BS.  First of all, if anyone is proposing a screwing over in the OP, it is the OP seeking to screw his stbx (although considering the vastly disparate storeis the op has told, I'm gonna assume that anything from that quarter is untrue, and is an example for discussion purposes rather rather than a real life situation). 

Second of all, I wonder what evidence you have to backup your assertion that it's "a prejudical" and that men are "continually screwed over in matrimonial actions"?  Statistically, women are far more likely to end up sunk in poverty following a divorce.  Women are far more likely to become victims of violent crime during and following a divorce.  Despite these inequities that are imposed by nature, the laws of every state in the union have changed in the past several decades to imposed an individualized evaluation process for determining the equities of each case.  This allows both men and women to adapt the system to their individual needs and situations.  Sounds to me like you are defining "screwed over" to mean "not able to walk away without consequences".

Personally, I've never been able to walk away from anything without consequences.  Not sure why a marriage should be an exception to that rule.

Contrary to your opinions and statistics, there are a number of items you failed to address.

Women are still more likely to be considered by the courts to be the better parent to have primary residential custody. This is clearly documented in a number of studies and publications.

There are a clear majority of states which offer no-fault marriages, but there are striking discrepancies of the awards to each party. There still is an overall culture within the judiciary that treats men as the responsible party (fiscally and otherwise) when a marriage fails. To wit:

-There are more demands made of the male, that includes all, or nearly all, the male gender's take home income, all in the name of "maintaining the lifestyle of which the family is accustomed".

-Judicial orders from motions to modify support, are more likely to raise, than to lower. And even when lowering is granted, it is often only temporary.

-Despite legislation in many states that articulates the percentages of overall income to be taken, the courts routinely ignore this. Why? Because they can, just as the courts very often ignore Stare Decisis.

"Screwed over" defined: How many times have anyone heard of the now scorned ex-wife/gf, deciding to emotionally batter their ex-male counterpart, and makes up a story of how they are an unsuitable father. How often does the court take steps to "err on the side of caution" and order supervised visitations, if visitations are permitted at all? How many times do those females go unpunished for their lies? Answer: Almost all the time.

Getting "screwed over" is also defined by the domestic partner who states a falsehood of how they were physically or emotionally threatened by the male partner. This is in the attempt to secure a judicial order that invokes Lautenberg, and the ineligibility of said person to possess firearms ever again, often forever removing that person from employment, love of hunting or target shooting.

I can live with consequences. But even Susan B. Anthony objected to the inherent unfairness to men too.

Balog

  • Unrepentant race traitor
  • friends
  • Senior Member
  • ***
  • Posts: 17,774
  • What if we tried more?
Re: Question about divorce
« Reply #15 on: November 04, 2008, 09:51:16 PM »
I expect to find him grieving after the untimely death of his beloved wife of 50 years soon.

That being said, a few points.

Legal advice from random internet people, most of whom aren't in your state, is worse than useless.

The best way to handle a divorce is, you know, not getting divorced. Counseling ftw.

[edited for name-calling]
« Last Edit: November 05, 2008, 02:02:52 PM by Gewehr98 »
Quote from: French G.
I was always pleasant, friendly and within arm's reach of a gun.

Quote from: Standing Wolf
If government is the answer, it must have been a really, really, really stupid question.

Don't care

  • Member
  • *
  • Posts: 486
Re: Question about divorce
« Reply #16 on: November 05, 2008, 06:27:28 AM »
[deleted] I expect to find him grieving after the untimely death of his beloved wife of 50 years soon.

That being said, a few points.

Legal advice from random internet people, most of whom aren't in your state, is worse than useless.

The best way to handle a divorce is, you know, not getting divorced. Counseling ftw.

Agreed with your points, save the commentary ad hom.
« Last Edit: November 05, 2008, 05:39:53 PM by Don't care »

Gewehr98

  • friend
  • Senior Member
  • ***
  • Posts: 11,010
  • Yee-haa!
    • Neural Misfires (Blog)
Re: Question about divorce
« Reply #17 on: November 05, 2008, 02:02:10 PM »
Yeah, let's minimize the "troll" name-calling, it doesn't help either the OP or the forum in general when we do that.
"Bother", said Pooh, as he chambered another round...

http://neuralmisfires.blogspot.com

"Never squat with your spurs on!"

Balog

  • Unrepentant race traitor
  • friends
  • Senior Member
  • ***
  • Posts: 17,774
  • What if we tried more?
Re: Question about divorce
« Reply #18 on: November 05, 2008, 05:26:01 PM »
Yeah, let's minimize the "troll" name-calling, it doesn't help either the OP or the forum in general when we do that.

Sorry about that. But when a guy starts a controversial thread about how his 23 y/o wife needs to work to supplement what he makes; then posts another controversial thread about how he's an invalid and the wife he's been with 10 years who supports him totally wants to leave him....... well, I don't know what else to call it.
Quote from: French G.
I was always pleasant, friendly and within arm's reach of a gun.

Quote from: Standing Wolf
If government is the answer, it must have been a really, really, really stupid question.

Don't care

  • Member
  • *
  • Posts: 486
Re: Question about divorce
« Reply #19 on: November 05, 2008, 05:40:53 PM »
Agreed with your points, save the commentary ad hom.

Gewehr.....fixed what you missed.

SteveS

  • The Voice of Reason
  • friends
  • Senior Member
  • ***
  • Posts: 1,224
Re: Question about divorce
« Reply #20 on: November 05, 2008, 06:26:27 PM »

Women are still more likely to be considered by the courts to be the better parent to have primary residential custody. This is clearly documented in a number of studies and publications.


Several points.  Often, prior to the divorce, women are the primary caregivers.  Therefore, they are favored by stautory custody determinations.  As for courts favoring women, some do, but it is hard to find out if it was because of some anti-male bias or the fact that the mother had been the primary caregiver. 

I had a client a few years ago that was trying to get primary custody, but the reality is that he was a shitty parent that hardly spent any time with his kids, never took them to doctor's appointments, and was just an all around jerk.

Profanity is the linguistic crutch of the inarticulate mother****er.