Divorce SC

[2xpoz1]

SC -

Husband served div papers 1 week prior to court hearing but was filed in court 1 month prior to serving! Is this standard court procedure or his intent for lack of time to prepare?

Also husband asking for 1/2 marital property which was acquired before marriage, only household items. Already took truckload of marital property when desertion occurred, and came back next day with police to retreive personals. How much more can he take and why? Also left with bills unpaid and lease agreement on house for monthly pmt. Also
asking for 1/2 marital debt. There is no marital debt except for ER visits for his drug seeking behaviors. Wife's signature is on paperwork at hospital but has no way to pay. Wife worked as partner in husband's business and now has no income but is seeking work first time in 2 yrs. Husband took ALL materials relating to business operation and has secured loans for $2100 using wife's premarital property as collateral; his sig only on loan.

Husband states no collusion for divorce but wife can prove otherwise. Also husband filed false report to receive paperwork for emergency hearing and divorce grounds. No proof of alledged physical abuse. State requires grounds of adultery, physical abuse or addiction. Wife has solid proof of abuse. Husband went thru women's shelter to acheive documentation of abuse which was invalid, inaccurate and unfounded. Wife has witnesses. State requires all Family Court to go thru Safe Harbor for any type physical abuse and it is strictly a women's shelter! First man EVER to do this and did it w/o remorse! A psychopath indeed but did not war shorts or halter top to hearing.....(lol Wife maintains humor as psychological treatment)

[mistoffolees]

This is extremely difficult to read. You might try using simple sentences and leaving out all the extraneous stuff.

However, in general, the rules are simple. You will each get 1/2 of marital property and 1/2 of marital debt. If one party takes more than their share, they will either have to return the excess or reimburse the other person for the value (however, values for most household items are typically low - something like garage sale prices). This would include the business if it was started during the marriage.

Anything which was owned before the marriage is separate property and belongs to the person who had it before the marriage.

Separate property which appreciated during the marriage is a special case. The other person may be entitled to half of the appreciation of the property.

As for the allegations and accusations, divorce courts are quite commonly faced with false accusations and if you can prove that they're false, you have nothing to worry about. However, it would be worth having an attorney on your side. You may be able to find an attorney to petition the court to be paid from marital assets so you don't have to have the cash to retain them.