Jewels, a couple of more things. First off, whoever files first typically has the upper hand. Part of it is perception, unfortunately.
Second, the judge will order you to sell the house. As I said, it is going to be split "equitablely" (is that a word??). In your case, since the kids are grown now, the judge will probably rule you should be working. However, if you were always a stay at home, your marketable skills are suspect. It's highly probable he will have to pay rehabilitative maintenance, so you can get an education or upgrade your skills. Its the same as alimony. Now, they want you to use that to upgrade your education blah blah but you are not forced to. Also, that money (alimony) is taxable to you and a deduction for him, so keep that in mind. My payment was 15% for my Net for 4 years. If he is retired, that comes out of his pension or social security. They also determine that off of last years tax returns. Not his current income status. I dont know your educational background/work history but as far as the house, he can buy you out or you can buy him out in lieu of alimony.
Every divorce is a negotiation of assets, so keep that in mind. Your kids dont figure at all into the equation unless they are still in college and he is paying tuition, in which case you and he would split the cost 50/50 (and to the best of your ability).
Talk to a lawyer as it cost nothing to consult. You can file on your own pro se and save the $$ on court cost, even if you bring a lawyer into it later.
My advice. Since hes 64 get separate bedrooms, stock up on bacon and eggs, keep plenty of cigs around and let nature take its course.
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| First off, whoever files first typically has the upper hand. Part of it is perception, unfortunately. |
Danny, Why is that? Why would it make any difference?
"equitably" (A public service announcement from your local spelling b****.)
Gina
It goes to perceptionn because the one who files first took the trouble to file the petition, probably did it against the wishes of the other, have the greater complaint. It's not legal, it's all perception.
Kind of like who threw the first punch in a fist fight.
Kind of like who threw the first punch in a fist fight.
THANK YOU so much for the advice, i have to work all day today and tomorrow, so i want to answer back to you guys on say sun or mon ok? love ya jewels
