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Ahhhh What to do

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RJ527

Junior Member
What is the name of your state? Virginia

I will try to make a long story short, I found out that my wife was having an affair, we had a big fight. We both agreed to work on our marriage due to our kids. Later that week the police called me at work and said that there was an arrest warrant issue for me and that it would be good if I turned myself in. I did that and was charged with Domestic Assault. I got a lawyer and everything was dropped. I moved out due to the threat that it would happen again. I have been paying all the debts and allowed her to stay in the house until she could afford to move out (1 1/2 years). She saved up her money and then went on vacation. When she returned she moved herself and the kids into her boyfriend’s house and has been there almost a year.

Facts: kids, I work, she works, I am in the Navy about to retire. We have been married 12 years all of which is during my career in the Navy. I have been paying all of the debt that was acquired during the marriage (I signed the title to her car over to her but she hasn’t done the paperwork so I still have to carry it on my car insurance), She kept all of the household stuff, She knows that I'll do anything to not hurt my kids and uses that against me. I have been paying child support since she has moved out in the amount that the Virginia state calculator came up with. She refused to provide me with her income so I had to guess based on what she was making while we were together, she makes more). We don’t have anything in writing, and no legal paperwork or separation paperwork, she keeps saying she has a lawyer but I don’t think so. I have lots of Investments and property in California all acquired before the marriage. I have some investments after the marriage.

I’m done, time to call it quits and start the divorce proceedings.

Question 1: Should I file first?
Question 2: What would be the first steps?
Question 3: Do I need a lawyer and if so where can I find a good one that will at least try to help me get out of this mess with my shirt.
Question 4: What can she get?
Question 5: How much is this going to cost?
 


LdiJ

Senior Member
RJ527 said:
What is the name of your state? Virginia
Question 1: Should I file first?
Despite what you may hear the only real advantage to filing first is jurisdiction...and if the kids have lived in a different state for more than six months then and juridiction advantage wouldn't include custody/visitation issues.

Question 2: What would be the first steps?
To file for divorce.

Question 3: Do I need a lawyer and if so where can I find a good one that will at least try to help me get out of this mess with my shirt.
Yes, you probably do need an attorney. Word of mouth is a good way to find on...otherwise interviewing attorneys until you find one that you are comfortable with is best.

Question 4: What can she get?
If the children have been living with her then she can get child support. Its also possible that she could get a share of your military pension...which is one of those reasons why having an attorney is best.

Question 5: How much is this going to cost?
Almost impossible to say...you really need to be consulting with local attorneys.
 

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