• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

If we agree on things

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

SuperMom44

Junior Member
What is the name of your state? WV

We have been married for 18 years, have 2 kids (ages 17 and 16), own 2 homes, several vehicles and both have decent jobs - he will be earning a great deal more in 2 years though. I want the divorce, have talked to a lawyer once and am trying to decide whether I can just do it myself (I have the forms filled out and ready to take to the courthouse) or if I may wish I'd spent the 3K on a lawyer. At times he wants to get his own lawyer and fight for "everything" and see the kids every other week and at other times he says he doesn't want "anything" and won't make the kids spend time with him (they would rather not) and just to have the papers served to him and he'll sign whatever I've drawn up.

I want to spit things up fairly and affordably and am not asking for any child support or alimony from him. If we agree on the division of the marital property does the judge ususally make it a 50/50 split anyway. For instance if he gets the house worth 220K with virtually no equity and I take the one worth 150K with approx 30K equity? Or if he agrees to pay the credit cards for 20K and I just pay for the items I have now 8K. Can we decide ouselves how the property and debts are divided?

Even though he says he doesn't want visitation I was planning to give him every other week with the kids if they want to see him. In WV kids 14 and over may choose which parent has custody but does that mean they can refuse to go on visits too?

Should I cash out a CD (mine from family inheritance) and pay for a lawyer or would I be safe to go it alone?
 


LdiJ

Senior Member
That would be me. Does this change the advice you would give?
Don't be foolish. Hire yourself an attorney.

FYI, if you put in the paperwork that the children are to spend every other week with him, then if he decides to push the issue, they will have to do so, whether they want to or not.

That is just one of many reasons why you need an attorney. You don't know what you are doing.
 

seniorjudge

Senior Member
Q: That would be me. Does this change the advice you would give?


A: Yes.

Human nature being what it is, I would tell the adulterer that the non-adulterer is going to kick up a big fuss and try to get what he (or she) can; in addition, marital misconduct MAY come into play. Thus, you definitely need a lawyer.

To the non-adulterer, I would say that the other party wants out; negotiate and get everything you can while the getting is good.



In 30+ years, I have NEVER seen a truly "non-contested" divorce (but a Canadian court clerk recently told me that her divorce was truly non-contested and I guess I'll have to believe her!)
 

seniorjudge

Senior Member
Don't be foolish. Hire yourself an attorney.

FYI, if you put in the paperwork that the children are to spend every other week with him, then if he decides to push the issue, they will have to do so, whether they want to or not.

That is just one of many reasons why you need an attorney. You don't know what you are doing.
Running total:

GET A LAWYER 100%

PRO SE 0%
 

LdiJ

Senior Member
Q: That would be me. Does this change the advice you would give?


A: Yes.

Human nature being what it is, I would tell the adulterer that the non-adulterer is going to kick up a big fuss and try to get what he (or she) can; in addition, marital misconduct MAY come into play. Thus, you definitely need a lawyer.

To the non-adulterer, I would say that the other party wants out; negotiate and get everything you can while the getting is good.



In 30+ years, I have NEVER seen a truly "non-contested" divorce (but a Canadian court clerk recently told me that her divorce was truly non-contested and I guess I'll have to believe her!)
Mine was truly non-contested.:) At least by my ex and I. His attorney got a little feisty, temporarily.
 

kimberlywrites

Senior Member
Q: That would be me. Does this change the advice you would give?


A: Yes.

Human nature being what it is, I would tell the adulterer that the non-adulterer is going to kick up a big fuss and try to get what he (or she) can; in addition, marital misconduct MAY come into play. Thus, you definitely need a lawyer.

To the non-adulterer, I would say that the other party wants out; negotiate and get everything you can while the getting is good.



In 30+ years, I have NEVER seen a truly "non-contested" divorce (but a Canadian court clerk recently told me that her divorce was truly non-contested and I guess I'll have to believe her!)
Senior, never believe what we Canadians say. :eek:
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top