Should I hire a lawyer?

[falcon8384]

What is the name of your state? VT

Over the past week, I have gotten the divorce paperwork all together, filled out my portion of everything and brought the paperwork to my spouse to fill out.. He filled out most of the paperwork when I was there, and he said that he wasn't going to contest anything. Now, he is definately contesting it. Saying that the paperwork isn't real ( I got everything from the Court house) and that he has 2 lawyers. He may be bluffing just to stress me out, but still..

We have no property, children, loans or anything together. I have a vehicle that is in my name and was before marriage. He said that he is going to take 1/2 of the value. Can he legally do that?? We honestly do not have anything together worth anything, that can keep the divorce from dragging out. Also he is threatening me, stating that I am committing adultery. Stating that he has a friend that knows where I am currently living ( I didn't give him that information so obviously he has people looking for me), and that there has been a man leaving in the morning. I have not admitted to anything, therefore he has no physical proof...

I need to know what my options are. Thanks What is the name of your state?

[LdiJ]

Originally Posted by falcon8384

What is the name of your state? VT

Over the past week, I have gotten the divorce paperwork all together, filled out my portion of everything and brought the paperwork to my spouse to fill out.. He filled out most of the paperwork when I was there, and he said that he wasn't going to contest anything. Now, he is definately contesting it. Saying that the paperwork isn't real ( I got everything from the Court house) and that he has 2 lawyers. He may be bluffing just to stress me out, but still..

We have no property, children, loans or anything together. I have a vehicle that is in my name and was before marriage. He said that he is going to take 1/2 of the value. Can he legally do that?? We honestly do not have anything together worth anything, that can keep the divorce from dragging out. Also he is threatening me, stating that I am committing adultery. Stating that he has a friend that knows where I am currently living ( I didn't give him that information so obviously he has people looking for me), and that there has been a man leaving in the morning. I have not admitted to anything, therefore he has no physical proof...

I need to know what my options are. Thanks What is the name of your state?

I think you should not worry about it too much. If the only thing that you have is the car that you owned prior to the marriage, there shouldn't be anything to fight over. Adultery generally isn't an issue, but even if it was there are no children or property to fight over, therefore no issues that it could effect. Alimony wouldn't even be an issue since it was obviously a short term marriage. (otherwise you wouldn't be driving the same car)

He is probably bluffing about the two attorneys. If you are truly afraid of him get a restraining order.

[kate554]

He's bluffing, but let him go ahead and spend $$$$ on 2 lawyers to try to get half of the value of your car.

As for the adultery, what exactly does he think he can do with this stunning information?

[BelizeBreeze]

Bluffing? Maybe. But from your tone you ARE committing adultery. Otherwise, you would have categorically denied living with another man.

As for the car, it doesn't matter if it was in your name or not before the marriage. If he paid for any repairs on the vehicle or made one payment he can show an ownership interest and it has been converted from separate to marital property.

I suggest you come back here and tell the WHOLE truth if you want a valid answer.

[LdiJ]

Originally Posted by BelizeBreeze

Bluffing? Maybe. But from your tone you ARE committing adultery. Otherwise, you would have categorically denied living with another man.

As for the car, it doesn't matter if it was in your name or not before the marriage. If he paid for any repairs on the vehicle or made one payment he can show an ownership interest and it has been converted from separate to marital property.

I suggest you come back here and tell the WHOLE truth if you want a valid answer.

Oh come on BB...this is obviously a short term marriage with no property and no children....and he isn't going to get half of her car.

[BelizeBreeze]

Originally Posted by LdiJ

Oh come on BB...this is obviously a short term marriage with no property and no children....and he isn't going to get half of her car.

when are you going to learn the many methods of converting a separate property to marital. And since I won't ASSUME anything, (many people drive cars for 10 years or more) let's stick to the facts.

Which are null in this situation.

[falcon8384]

As per the restrainer order. I tried to get one the other day after he called my work and threatened me. But they said the only way I can get a restraining order is if he is verbally threatening my life or threatening to beat me up.. Other than that I can only get a no tresspassing order for the property that my apartment is located on.

As for the adultery. I am NOT LIVING WITH ANOTHER MAN! I am seeing someone, but I am not living with him!!!!!!! What kind of person do you think I am?? He "thinks" that I am seeing someone, and a friend of his knows where I live and has seen my boyfriends car there. But that's all here-say.. No Proof!

My car, he has done repairs to, but doesn't have the receipts or documentation to prove it, since it was all done at his fathers garage. Nothing done at a reputable establishment. And no Major Repairs were done.. He also never made a payment for it. I paid it all off within a year. Before we got married.

[BelizeBreeze]

Originally Posted by falcon8384

As per the restrainer order. I tried to get one the other day after he called my work and threatened me. But they said the only way I can get a restraining order is if he is verbally threatening my life or threatening to beat me up.. Other than that I can only get a no tresspassing order for the property that my apartment is located on.

As for the adultery. I am NOT LIVING WITH ANOTHER MAN! I am seeing someone, but I am not living with him!!!!!!! What kind of person do you think I am?? He "thinks" that I am seeing someone, and a friend of his knows where I live and has seen my boyfriends car there. But that's all here-say.. No Proof!

My car, he has done repairs to, but doesn't have the receipts or documentation to prove it, since it was all done at his fathers garage. Nothing done at a reputable establishment. And no Major Repairs were done.. He also never made a payment for it. I paid it all off within a year. Before we got married.

Sweetcheeks, you don't have to be living with a man to be committing adulery.

And guess what? That car is community property. Whether he did the repairs at his dad's garage or had Chip Canaus make them, matters not. Someone had to purchase the parts or gift the parts.

The more you post the more it sounds like you're guilty as sin and trying to play innocent. It's time to face reality. Give him what he wants or drag this out.

[falcon8384]

You can think what you want about me, because you don't know me.. You seem to be the only one siding with my spouse on this... Everyone else has given sound advice, and it just sounds to me like you are using me as a punching bag for your problems...

I'm not going to give him what he wants.. Because he's bitter, and upset.....And why should I give in to that?

[BelizeBreeze]

Originally Posted by falcon8384

You can think what you want about me, because you don't know me.. You seem to be the only one siding with my spouse on this... Everyone else has given sound advice, and it just sounds to me like you are using me as a punching bag for your problems...

I'm not going to give him what he wants.. Because he's bitter, and upset.....And why should I give in to that?

Lady, pull your panties out of your ass. I don't give a rat's ass about either of you. If you are 'seeing' someone then you are committing adultery. Plain and simple.

And if your hubby can show that marital assets were used to repair the car, it's converted (effectively) to marital assets.

Now, which would you rather have:

1. Your 'boyfriend' gets subpoenaed and faces prison time for lying in court or tells the truth and you are found 'at fault' for adultery.

2. you hire an attorney for about $3000 to defend you in this 'simple' divorce which could drag on for years.

3. you negotiate a settlement.

By the way, although adultery does NOT have to be proven under the same rules as a criminal case, and although adultery is not grounds for divorce, it CAN AND IS a mitigating factor in any property settlement.

Think what you will. But don't come back here whinning because you didn't see it coming.

[kate554]

Vermont is a state that considers adultery relevant, however:

"Adultery. In jurisdictions which permit consideration of fault, adultery is considered a relevant factor to take into account. E.g., Daitchman v. Daitchman , 145 Vt. 145, 483 A.2d 270 (1984) (husband's adultery and deceptive conduct justified refusal to award him any share in company inherited by wife even though his management activities had contributed to growth of that company); see also Dews v. Dews , 632 A.2d 1160, 1164 n.5 (D.C. 1993) (statutory list of factors is not exclusive; whether one party has had an adulterous affair may also be relevant).

If, however, the adultery occurred during the parties' separation, courts generally do not consider it relevant, even in jurisdictions which authorize fault to be taken into account. See Knowles v. Knowles, supra (adultery which occurred after filing of divorce petition did not contribute to the marital breakdown and was therefore irrelevant); Divine v. Divine, supra (wife's sexual infidelity during separation did not place any extra burden on the partnership and thus was not a viable factor in dividing their property). "

How long have you been married? Why did you move out?

[falcon8384]

Thank You... We have been married for 11 months.

Reason for the seperation: He had been calling 900#'s. I found out about this about 2 years ago, before marriage, and he promised me that he would stop calling them... I believed him, and I found out about a month ago, that he has been hiding the phone bills, and had been continuously making the phone calls for the past 2 years. Racking up over $300 phone bills..

Once i found out about the phone bills that he had been keeping from me, I asked him to leave the apartment that we shared so I could think about everything, and decide what my next move was going to be. The apartment that we shared was part of a care-taking agreement with the landlord. She told me that if we could not work out or differences that I would have to move out. Seeing that I would not be able to operate a snow-blower or take the trash to the dump. Which is absolutely ludicris!!!! As per the agreement that both of us signed when moving in, it states that "both parties must occupy the 1 bdrm apartment". But I was forced to move, and he is still living there.

[kate554]

11 months?!!

I am not an attorney, but I would hope any judge would not only give him nothing, but also make him pay your attorney's fees, and fine him for wasting the court's time!

[BelizeBreeze]

Dear Kate,

Please actually read a case thoroughly before you use it as a citation to support your otherwise erroneous position.

singed,

someone who has actually read and studied law.

[BelizeBreeze]

Originally Posted by kate554

11 months?!!

I am not an attorney, but I would hope any judge would not only give him nothing, but also make him pay your attorney's fees, and fine him for wasting the court's time!

The fact that you are not an attorney shows with each word you post.

As for vermont, it is a community property state. Other than by judicial decree, each asset brought into the marriage, either by separate purchase , inheritance or gift within the marriage to one party, is considered a mariatal asset.

Furthermore, Daitchman considered each party's efforts in the increase of value in a marital asset although one party may not have been actively involved in the asset's 'maintenance'. It is clear from the postings that the husband, regardless of the length of the marriage, contributed to the value of the marital asset.

now quit playing lawyer.