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He is trying to take everything!

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Mollylaa

Member
What is the name of your state (only U.S. law)? Wisconsin

Hi,

I have a friend unfortunately going through a nasty divorce. She had a mental breakdown a few months ago and while she was recovering in a live-in facility her husband slapped her with this. As it stands, she is currently not working (as she is trying to recover) and is staying with friends to be near her family and support group. She has no money to her name, as the only accounts she has access to are joint with her husband, and there is apparently very little money in those. He gave her $500 and told her good bye. Also took her engagement ring, claiming it was "marital property" (don't know how this makes it HIS property).

Anyway she can not afford to hire a lawyer and is trying to apply for legal aid. There was supposed to be a hearing about finances or assets or something, which he canceled. They were married for about 2 years. While they were married, she was a homemaker although she was the sole provider while they were engaged and he was going to school. She believes her husband has a number of "secret" bank accounts he will attempt to hide from the court during a financial disclosure. I have also got information from a third party to back this up. Most of this money he claims to have had before the marriage, or that his parents gave to him.

My question: as wisconsin is an equitable distrubiton state, will these previously held accounts be accounted for when the property is divided up, or is only wealth acquired during the time of the marriage considered? Is 2 years of marriage enough time for her to be eligible for alimony, as she currently can not work to support herself and has no where to live? Also, is there a way to force him to disclose accounts he may be hiding, or for her to find out herself? He won't even allow her access to their past income tax statements.

Finally will a free legal aid attourney be able to help her out or would you recommend her trying to hire one specializing in family law?

Thanks for your help.
 


mistoffolees

Senior Member
She is entitled to 1/2 of marital assets and 1/2 of marital debt. Anything he had before the marriage is off limits, as is any gift given to him by his parents (as long as he kept it separate).

The engagement ring is almost always considered to be her personal property, not marital (and certainly not his property).

Legal aid attorneys should be able to help, although they tend to be overworked and may not have a lot of time to spend. She should talk with several attorneys about a payment plan or a plan to be paid from marital assets (if there are sufficient marital assets to do so).

And she needs to get back to work ASAP because no matter what happens, she's going to need to be able to support herself. If she is unable to work, she needs to apply for disability if that is available to her.
 

LdiJ

Senior Member
If she has access to a fax machine she can get copies (the IRS version of copies) of their tax returns in about an hour. She just has to call 1-800-829-1040 and ask for tax return transcripts for the years in question and ask that they be faxed to her.

If she doesn't have access to a fax, then they can mail them, and that takes 7-10 days.
 

nextwife

Senior Member
Non-comingled assets he brought to the marriage would be irrelevant. Those do not become marital and are not subject to WI Marital property distribution in a divorce.

Two years is too short a period for alimony.
 

mistoffolees

Senior Member
If she has access to a fax machine she can get copies (the IRS version of copies) of their tax returns in about an hour. She just has to call 1-800-829-1040 and ask for tax return transcripts for the years in question and ask that they be faxed to her.

If she doesn't have access to a fax, then they can mail them, and that takes 7-10 days.
That is true, but will probably not show the alleged hidden accounts. She will need more information, including a copy of his credit report - which she will have to request from the court. A forensic accountant might also be needed.
 

Bali Hai

Senior Member
What is the name of your state (only U.S. law)? Wisconsin

Hi,

I have a friend unfortunately going through a nasty divorce. She had a mental breakdown a few months ago and while she was recovering in a live-in facility her husband slapped her with this. As it stands, she is currently not working (as she is trying to recover) and is staying with friends to be near her family and support group. She has no money to her name, as the only accounts she has access to are joint with her husband, and there is apparently very little money in those. He gave her $500 and told her good bye. Also took her engagement ring, claiming it was "marital property" (don't know how this makes it HIS property).

Anyway she can not afford to hire a lawyer and is trying to apply for legal aid. There was supposed to be a hearing about finances or assets or something, which he canceled. They were married for about 2 years. While they were married, she was a homemaker although she was the sole provider while they were engaged and he was going to school. She believes her husband has a number of "secret" bank accounts he will attempt to hide from the court during a financial disclosure. I have also got information from a third party to back this up. Most of this money he claims to have had before the marriage, or that his parents gave to him.

My question: as wisconsin is an equitable distrubiton state, will these previously held accounts be accounted for when the property is divided up, or is only wealth acquired during the time of the marriage considered? Is 2 years of marriage enough time for her to be eligible for alimony, as she currently can not work to support herself and has no where to live? Also, is there a way to force him to disclose accounts he may be hiding, or for her to find out herself? He won't even allow her access to their past income tax statements.

Finally will a free legal aid attourney be able to help her out or would you recommend her trying to hire one specializing in family law?

Thanks for your help.
Tell your friend that her gravy train has run out of tracks.

If all courts listened to every paranoid nut case that felt they were being cheated out of money they didn't earn, we would need to outsource our justice system just like we have everything else!
 

nextwife

Senior Member
That is true, but will probably not show the alleged hidden accounts. She will need more information, including a copy of his credit report - which she will have to request from the court. A forensic accountant might also be needed.
However, if the "hidden accounts" contain premarital assets only, all that expense may be for naught. The marriage was only two years. How much were they spending vs how much they were earning? If their output equalled or exceeded their input, then don't anticipate there would be any marital asset accumulation.
 

mistoffolees

Senior Member
However, if the "hidden accounts" contain premarital assets only, all that expense may be for naught. The marriage was only two years. How much were they spending vs how much they were earning? If their output equalled or exceeded their input, then don't anticipate there would be any marital asset accumulation.
That's certainly true - and I mentioned that she wouldn't have any access to separate funds unless stbx did something stupid like mingling them with marital assets - but that doesn't sound like it's the case.
 

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