Father-in-pain
Member
What is the name of your state?Ohio
My wife and I are currently involved in a divorce. We have a 29 month old daughter together. Our daughter has special needs. She has had 2 brain surgeries, 1 heart surgery, currently having siezures, slight cerebral palsey, has a VP shunt (tube in her brain to assist with draining), and she goes through weekly therapy and doctor appointments.
Our final hearing is in 2 days. My wife wants to move away from this area because she says she does not like the weather here. However, all of our daughters doctors and surgeons and therapist are right here. The magistrate has already said, during the temporary hearing, that if she wants to leave thats fine but the child stays right here with Daddy. My wifes response was that she doesn't care and she is still moving away with or without her daughter. So, it appears as though I will be a single father real soon. I know it won't be easy but I am very confident in my role as a father and looking forward to the challenge.
My question is concerning how assets and sums of money are split up. Our assets are all furniture. We have a sum of money saved in our joint bank account. Last, my wife started a 401K after we got married which has grown considerably. Initially, I was told by my attorney that the assets would be split, the bank account would be split and the 401K would be split. When my wife was asked what assets she would like to have, she said she only wanted to take her CD collection. Well, thats because she does not want to pay to have her half of the furnature shipped to wherever she is moving to and put into storage.
I heard my wife saying on the telephone that because she is not going to take any assets, she will be asking the judge to not have to give me my marital half of the 401K. CAN THIS HAPPEN?
My wife and I are currently involved in a divorce. We have a 29 month old daughter together. Our daughter has special needs. She has had 2 brain surgeries, 1 heart surgery, currently having siezures, slight cerebral palsey, has a VP shunt (tube in her brain to assist with draining), and she goes through weekly therapy and doctor appointments.
Our final hearing is in 2 days. My wife wants to move away from this area because she says she does not like the weather here. However, all of our daughters doctors and surgeons and therapist are right here. The magistrate has already said, during the temporary hearing, that if she wants to leave thats fine but the child stays right here with Daddy. My wifes response was that she doesn't care and she is still moving away with or without her daughter. So, it appears as though I will be a single father real soon. I know it won't be easy but I am very confident in my role as a father and looking forward to the challenge.
My question is concerning how assets and sums of money are split up. Our assets are all furniture. We have a sum of money saved in our joint bank account. Last, my wife started a 401K after we got married which has grown considerably. Initially, I was told by my attorney that the assets would be split, the bank account would be split and the 401K would be split. When my wife was asked what assets she would like to have, she said she only wanted to take her CD collection. Well, thats because she does not want to pay to have her half of the furnature shipped to wherever she is moving to and put into storage.
I heard my wife saying on the telephone that because she is not going to take any assets, she will be asking the judge to not have to give me my marital half of the 401K. CAN THIS HAPPEN?
