Divorce

[ol Pete]

SC, I served my wife on a one year separation after she left me; she is claiming half of our joint checking account. What happens if I withdraw the filing, fire my attorney and are never served by the court to appear by her attorney. Can retirement, diability insurance or SSI be garnished in my absence?

[mistoffolees]

Originally Posted by ol Pete

SC, I served my wife on a one year separation after she left me; she is claiming half of our joint checking account. What happens if I withdraw the filing, fire my attorney and are never served by the court to appear by her attorney. Can retirement, diability insurance or SSI be garnished in my absence?

She can still obtain a divorce by publication. Chances are that you'll be worse off if you don't appear or respond since she'll get whatever she asks for. If you participate in the process, you have the ability to object to any unreasonable demands.

She will be entitled to 1/2 of the marital assets, so if the money was in the joint checking account when you separated, it's half hers.

[ol Pete]

Sad part about this is that $150K was from an insurance settlement paid to me; she never contributed one dime to the account.

[LdiJ]

Originally Posted by ol Pete

Sad part about this is that $150K was from an insurance settlement paid to me; she never contributed one dime to the account.

You might have a chance of fighting that one if the money was intended to cover your ongoing care...however if it was intended to cover loss of property or income, you might not.

Don't dismiss the case and put yourself at greater risk. Fight it out properly and deal with the judge's decision.

[ol Pete]

There was $150K disability
insurance settlement and $32K was my SSI lump payment that I deposited. Also there were deposits that I made for 7 months of my disability monthly payment from the insurance company (about $3K per month). My wife contributed nothing to the account; I was just trying to be a good husband. Also I paid $40K+ in back taxes owed from a joint return from 06 and about $35K in credit card debt in her name only. In addition the day after the separation I signed over the title to one of my vehicles to her worth about $7K. She also walked away with about $40K in jewelry. The wife is wanting half of $90K remaining and I have a neurological disorder that is crippling.

[LdiJ]

Originally Posted by ol Pete

There was $150K disability
insurance settlement and $32K was my SSI lump payment that I deposited. Also there were deposits that I made for 7 months of my disability monthly payment from the insurance company (about $3K per month). My wife contributed nothing to the account; I was just trying to be a good husband. Also I paid $40K+ in back taxes owed from a joint return from 06. The wife is wanting half of $90K remaining and I have a neurological disorder that is crippling.

Again, go get a consult with a local attorney.