"Separation or Divorce" What do I stand to Lose?

[djdrewp]

What is the name of your state? Michigan
I just can't take being married or at least living with my manic depressed wife. I've concluded that her misery creates my misery. We're both miserable. We have to young boys age 3 and 6. We do not have very much money to battle in court so, I'm hoping we can work out custody times and assest (though few) by ourselves. My fear is that due to my wife's defensive personality, I do not believe she will she take this blow as me trying to make all of our lives better. If this turns into an ugly court style divorce, what am I up against. We've been married less than 2 years but both kids are legitimatly ours. I bought the house we live in before being married, yet long after we were together. She is not on the deed as her credit has been shot since we've met. My only fear is losing my house and kids. These boys need me. My wife is addicted to perscription drugs and marijuana but does not see anything wrong with it. I recieve very little finacial help with bills, food, and the rest however I'm sure she would disagree. What am I up against here?

[doozy101]

I know how you feel my wife is manic depressive and it has been extremely difficult. It came to the surface after we were married and it has been a roller coaster. If you live in a community state like Calif then as long as you have the house in your name you should come out pretty good. Your wife is not entitled to the equity gain in the house as many people think. If you were married when you bought the house then in a community state like Calif thats a different story and she would get half the house. In Calif the wife gets a portion if you paid the mortgage while being married. It is a formula where you take the amount of the principle of the mortgage you paid off divided by the value of the house at purchase. You take this times the equity gain in the house while married. Then you divide by 1/2. This probably will not amount to to much if you were married only two years and did not make extra payments on the principle.

Good luck to you.

[Ohiogal]

Doozy you better try again about thinking that the house in his name makes it better.

[Ohiogal]

Originally Posted by djdrewp

What is the name of your state? Michigan
I just can't take being married or at least living with my manic depressed wife. I've concluded that her misery creates my misery. We're both miserable. We have to young boys age 3 and 6. We do not have very much money to battle in court so, I'm hoping we can work out custody times and assest (though few) by ourselves. My fear is that due to my wife's defensive personality, I do not believe she will she take this blow as me trying to make all of our lives better. If this turns into an ugly court style divorce, what am I up against. We've been married less than 2 years but both kids are legitimatly ours. I bought the house we live in before being married, yet long after we were together. She is not on the deed as her credit has been shot since we've met. My only fear is losing my house and kids. These boys need me. My wife is addicted to perscription drugs and marijuana but does not see anything wrong with it. I recieve very little finacial help with bills, food, and the rest however I'm sure she would disagree. What am I up against here?

The kids are legitimately yours but are they also legally yours? Did you sign a AOP when they were born? If not you are going to have have paternity legally adjudicated. If it turns ugly you are up against a lot because custody battles can last for a long time. You should definitely talk to an attorney