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Golfball

Member
For the record, NJ is a no-fault state. The only bearing assigning fault has is waiving the 18 months you must live apart before filing as opposed to filing no-fault. It does not impact the outcome of the divorce as far as alimony, custody or child support. I filed on the basis of extreme mental cruelty and dissertion which is fault based so I didn't have to wait 18 months. I certainly don't owe you any explanation for my grounds of mental cruelty. As for dissertion, not sleeping with your wife for almost 4 years qualifies!
Actually, your adultery (assuming you've knocked boots with someone else) can certainly muddy the waters on what alimony you might be awarded (in some states, it can prevent alimony from being awarded at all). And if your STBX has been staying inside his pants, it won't look so good for you.

For all of you sitting on your thrones judging me, I sure hope you don't live in glass houses. You also can't read. I said the laptops are NOT marital property since they were bought with my own money which was NOT received from my husband. THEY WERE NOT PURCHASED WITH ONE PENNY FROM HIM! Do you understand now or should I spell it out further for you?
When was the money used to pay for them received, where did it reside, and did money earned (such as income from wages) during the marriage go into that account? If the money to pay for the laptops was received during the marriage, it might be marital property. If the money was deposited into a joint account, the laptops are marital property (or were purchased with marital funds, and so are marital property.) If marital funds (such as income from wages earned during the marriage) went into the separate account, you commingled separate and marital assets, so it'd be very difficult to later claim those funds as separate, especially since it's been so long since it was commingled.

It does not matter one whit whether your husband did or did not have any direct contact with the money when it was deposited or spent.

He NEVER had permission to access my account or my password. He was explicitly told he did NOT have permission to ever touch either laptop, and I told him to get off the laptops when I caught him on them several times supposedly playing games. So your whole "joint marital property" argument doesn't apply here. So why aren't you responding further to the credit card fraud? That card had my debt on it...not his. I never tried to assign that debt to him or make him pay any of the bill. He was not a joint owner or authorized user of the account which means he also has no right to any information regarding the account.
It depends on what was purchased and when. Just because your husband was not a joint accountholder or an authorized user does NOT necessarily make the debt separate.

And your husband can legally have access to that information one way or another, as you can be compelled (via a discovery request) to provide such things as the account balance, statements, terms, etc. and merely getting the balance, etc. isn't (as far as I know) credit card fraud.

Depending on how access was obtained, it might be a different type of fraud, if at all, but we don't have enough facts to determine that. How your husband obtained the information may have not necessarily been kosher, but he *is* entitled to that information.

I didn't come to this forum to be insulted. I came here to find out if any laws were being broken by him. You're just hell bent on your own morality and wish to judge me. I could care less what you think of me. I'm not the one trying to destroy my children's other parent. This was nothing more than a waste of my time.
The answer to the question of laws being broken is, "Probably not."
 


Ohiogal

Queen Bee
I see...so that means that all of her clothing, shoes, personal effects etc are also marital property?....come on OG...you are pushing the envelope here.

Plus, since she said that she purchased them with her own money, it could very well have been prior savings, or an inheritance. If they were purchased after the divorce was initiated, out of current income, then they wouldn't be marital property either.

Op...I repeat my previous advice. Take BOTH of the laptops to a computer shop and get all of the stuff he installed on them removed, and then keep them where he can't get his hands on them....or at least keep yours where he can't get his hands on it.
No I am not pushing the envelope. There is a big difference between a pair of her skanky panties and a laptop which can be worth several hundred dollars. Try comparing the laptop to a television. Neither are considered personal affects. Clothing is. You are mixing apples and oranges and ending up with fruit salad.
 

nextwife

Senior Member
No I am not pushing the envelope. There is a big difference between a pair of her skanky panties and a laptop which can be worth several hundred dollars. Try comparing the laptop to a television. Neither are considered personal affects. Clothing is. You are mixing apples and oranges and ending up with fruit salad.

But I LIKE fruit salad!
 
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divorcee2be

Guest
I see...so that means that all of her clothing, shoes, personal effects etc are also marital property?....come on OG...you are pushing the envelope here.

Plus, since she said that she purchased them with her own money, it could very well have been prior savings, or an inheritance. If they were purchased after the divorce was initiated, out of current income, then they wouldn't be marital property either

LdiJ you are the only sensible one here. Thank you for helping. Everyone else offering their 'advice' has a twisted interpretation of the law. I suppose according to their definition, he's entitled to my bras and underwear too!

As for the rest of you, do you live or practice divorce law in NJ? DIDN'T THINK SO! I came here for legal advice...not insults and name calling. You should read what you write. You're not stating law...you're stating your own prejudices and morality issues. Look in the mirror! It looks like you were burned in your own divorces to me, and now you want to see someone else get the shaft. This forum has been a total waste of my time. The free advise is nothing more than personal agendas and BS. I guess you get what you pay for!
 

seagoing

Member
"FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues."
It is what it is.Experience from other consumers.What you want is all the assets without the hubby.Again,your not unique.You are looking for all the ammo.you will need to launch your war,and it seems like war it will be.Having foundyourself a new lover ,whithin 3 mos.Surely shows your lack of sense.
 

>Charlotte<

Lurker
Man, this is one of the most frustrating threads ever. OP is standing on a track, there's a train headed right for her, we're trying to pull her off the track, and she's fighting to stay where she is. Frankly, I've reached the point that I don't care if it runs smack into her. The look on her face when the realization hits her is going to be priceless.

OP, you didn't come here for advice, you came here for validation. You can bitch and pout and whine all you want, but you're wrong. You. Are. Wrong. Period. And anybody who is that hard-headed about reality deserves everything she gets. Or, in this case, doesn't get.
 

Ohiogal

Queen Bee
Man, this is one of the most frustrating threads ever. OP is standing on a track, there's a train headed right for her, we're trying to pull her off the track, and she's fighting to stay where she is. Frankly, I've reached the point that I don't care if it runs smack into her. The look on her face when the realization hits her is going to be priceless.

OP, you didn't come here for advice, you came here for validation. You can bitch and pout and whine all you want, but you're wrong. You. Are. Wrong. Period. And anybody who is that hard-headed about reality deserves everything she gets. Or, in this case, doesn't get.
Just ask her. Considering I am the only one I know of on this thread that has a law degree and attended law school and QUOTED THE FRICKING LAW she still refuses to listen. The train is going to destroy her. I think in her fourth post she said that I was a ......but someone else can doublecheck. For now I am rooting for the train -- it has to have more brains and common sense than her.

And OP your bra and panties are personal effects. A laptop IS NOT.
 
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Ohiogal

Queen Bee
One More Time For The Ignorant

LdiJ you are the only sensible one here. Thank you for helping. Everyone else offering their 'advice' has a twisted interpretation of the law. I suppose according to their definition, he's entitled to my bras and underwear too!

As for the rest of you, do you live or practice divorce law in NJ? DIDN'T THINK SO! I came here for legal advice...not insults and name calling. You should read what you write. You're not stating law...you're stating your own prejudices and morality issues. Look in the mirror! It looks like you were burned in your own divorces to me, and now you want to see someone else get the shaft. This forum has been a total waste of my time. The free advise is nothing more than personal agendas and BS. I guess you get what you pay for!
And LDIJ is not an attorney. and she is also wrong because marital income is ANY income earned during the marriage before the divorce is final. Apparently you can dish it out but god knows you sure as hell can't take it. I have been quoting law. ANYTHING PURCHASED DURING THE MARRIAGE WITH MARITAL INCOME IS MARITAL PROPERTY including your panties and bras. ANYTHING YOU SPENT ON YOUR BOYFRIEND counts as dissipation of marital assets and comes out of your portion of the marital assets. ANY debt that has accrued during the marriage UNTIL THE DIVORCE is considered marital debt. ANy debt that has accrued due to you spending it on your boyfriend you can be ensured that it will be yours after the divorce.
I can understand why you have been royally trounced by the judge during your hearings -- because you have no clue about the law nor do you have an capacity for understanding it. Here you have been getting facts. You just don't like them because they reveal what you refuse to face.
 
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