Divorce case, no kids, conodo $150k. Wife filed is against my friend. Need lawyer.

[onlinerack]

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

We are reaching out to you because it seems we have a divorce case (defendants) and we are in need a good attorney to defend my best friend.


my friend and his wife have been married for more than 10 years. Roughly more than a year ago when she returned from trip (1 month trip by herself), she changed and started to feel that my friend was not good enough for her. A couple of weeks later she deserted the house and wanted divorce and to take the apartment (condo) that they own in VA. They bought the apartment sometime between 2011 and 2012 (8 or 9 years into their marriage).

My friend offered her to take half the apartment but she refused.

Now that it has been a year since her departure, my friend received a letter from Fairfax County Court with completely false allegations (cruelty and violent) and requesting the whole condo.

These allegations are nothing but false accusations and having known him since 1995, rest assured he is nothing as described. We have 30 and more people that can testify to this from 3 year olds to 80+ years of age. Really false accusation. Not even any evidence.

He has to respond in 21 days.

We would like to respond and make sure we have a good and solid representation.

He has very little money and in between jobs. What can he do? She makes money but the condo is really the only thing they are fighting over. So I cannot foresee this going far before settlement.

He can counter asking for spousal support and pension funds.

Any lawyer willing to take the case... perhaps charge something and then if the tab runs up, they can take it from settlement.

Advice, Need a lawyer that may take it and how his position is.

 

[Silverplum]

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

We are reaching out to you because it seems we have a divorce case (defendants) and we are in need a good attorney to defend my best friend.

We are not an attorney referral service. He can use the "Find An Attorney" feature on every page of FA. Or he can use his yellow pages. Or he can use the internet. Or he could call the local Bar Association to ask for a referral.

my friend and his wife have been married for more than 10 years. Roughly more than a year ago when she returned from trip (1 month trip by herself), she changed and started to feel that my friend was not good enough for her. A couple of weeks later she deserted the house and wanted divorce and to take the apartment (condo) that they own in VA. They bought the apartment sometime between 2011 and 2012 (8 or 9 years into their marriage).

My friend offered her to take half the apartment but she refused.

Now that it has been a year since her departure, my friend received a letter from Fairfax County Court with completely false allegations (cruelty and violent) and requesting the whole condo.

These allegations are nothing but false accusations and having known him since 1995, rest assured he is nothing as described. We have 30 and more people that can testify to this from 3 year olds to 80+ years of age. Really false accusation. Not even any evidence.

He has to respond in 21 days.

We would like to respond and make sure we have a good and solid representation.

He has very little money and in between jobs. What can he do? She makes money but the condo is really the only thing they are fighting over. So I cannot foresee this going far before settlement.

He can counter asking for spousal support and pension funds.

Any lawyer willing to take the case... perhaps charge something and then if the tab runs up, they can take it from settlement.

Advice, Need a lawyer that may take it and how his position is.

Why are YOU so involved in HIS business?

Goodness, gracious. Put HIM online.

 

[LdiJ]

We are not an attorney referral service. He can use the "Find An Attorney" feature on every page of FA. Or he can use his yellow pages. Or he can use the internet. Or he could call the local Bar Association to ask for a referral.


Why are YOU so involved in HIS business?

Goodness, gracious. Put HIM online.

I agree...however I will throw a few basics out there.

Marital property is property that accrued during the marriage. They are each going to get 1/2 of the marital property. That means that they will probably have to sell the condo and split the proceeds. The only exception to that might be if she used premarital property or an inheritance to buy the condo...and its only in her name. They are each entitled to 1/2 of whatever amount of respective retirement funds that accrued during the marriage, and 1/2 of any other assets. This is pretty basic. Neither one of them will "get" the condo unless they can afford to buy the other one out, while refinancing any mortgage at the same time...again, unless she can establish (or he can) that the condo is separate property.

He won't get alimony just because he is between jobs...alimony is based on ability to support oneself. Since they separated a year ago alimony is unlikely as he has obviously been supporting himself during that year. Its not impossible, its just unlikely. However if he gets alimony it would be because he earned substantially less during the marriage, not because he is between jobs right now.

It honestly doesn't matter a bit what kinds of accusations she is making against him. Unless she is accusing him of squandering or hiding marital assets, and can prove it, its all pretty irrelevant. The judge won't be interested in hearing his witnesses because it just doesn't matter.

He probably should have an attorney if you are an example of the kind of advice he is getting from the people around him. I don't mean that in a nasty way, but you obviously don't understand how divorce really works based on what you have posted here. Otherwise you wouldn't be concerned about her accusations.

He has a pretty simple divorce since ordinary property is all they have fight about. If you really want to help him, help him hire an attorney and let him pay you back once everything is settled.

 

[Proserpina]

And if memory serves me correctly, no decent lawyer will take this case on contingency - in fact, I seem to recall reading that an attorney CANNOT take such a case on contingency.

 

[onlinerack]

Thank you guys for the replies.

He is not online because he is busy out there trying to find a lawyer. Thankfully we do not have much experience with the law and so forth. your lawyer is also as good as the information you feed him.

His wife made substantially a lot more money than what he did when they lived together.

As for taking money from proceeds, it is not based on percentage, it is based on what ever the lawyer incurred in charges.

Here is a question, I doubt they would try to go to court all the way just for a condo for $150k.

So if we secure $4k for a lawyer around $300/hour... Would this last for quite a few sessions or pretty much run down in 2 sessions with him and 1 in court? just so we know kind of what a rough estimate such stuff would cost in such a case.

The wife is accusing him of cruelty, violence and intimidation and based on those she wants the apartment fully. Does that make any sense there is such thing? This is what her lawyer is asking for.

Can he get half of her savings and checking account too just like in retirement funds.

We will be getting a lawyer. Just trying to get a decent one and learn how it works.

Thank you for all this info.

 

[stealth2]

Thank you guys for the replies.

He is not online because he is busy out there trying to find a lawyer. Thankfully we do not have much experience with the law and so forth. your lawyer is also as good as the information you feed him.

His wife made substantially a lot more money than what he did when they lived together.

As for taking money from proceeds, it is not based on percentage, it is based on what ever the lawyer incurred in charges.

Here is a question, I doubt they would try to go to court all the way just for a condo for $150k.

So if we secure $4k for a lawyer around $300/hour... Would this last for quite a few sessions or pretty much run down in 2 sessions with him and 1 in court? just so we know kind of what a rough estimate such stuff would cost in such a case.

The wife is accusing him of cruelty, violence and intimidation and based on those she wants the apartment fully. Does that make any sense there is such thing? This is what her lawyer is asking for.

Can he get half of her savings and checking account too just like in retirement funds.

We will be getting a lawyer. Just trying to get a decent one and learn how it works.

Thank you for all this info.

No. WE will NOT be getting a lawyer. You will be doing NOTHING. Why? It is NOT your case. Not even if you are his girlfriend/boyfriend/lover/soon-to-be-spouse.

If this is important to HIM? HE will figure out a way to find out what he needs to do.

 

[Bali Hai]

I agree...however I will throw a few basics out there.

Marital property is property that accrued during the marriage. They are each going to get 1/2 of the marital property. That means that they will probably have to sell the condo and split the proceeds. The only exception to that might be if she used premarital property or an inheritance to buy the condo...and its only in her name. They are each entitled to 1/2 of whatever amount of respective retirement funds that accrued during the marriage, and 1/2 of any other assets. This is pretty basic. Neither one of them will "get" the condo unless they can afford to buy the other one out, while refinancing any mortgage at the same time...again, unless she can establish (or he can) that the condo is separate property.

He won't get alimony just because he is between jobs...alimony is based on ability to support oneself. Since they separated a year ago alimony is unlikely as he has obviously been supporting himself during that year. Its not impossible, its just unlikely. However if he gets alimony it would be because he earned substantially less during the marriage, not because he is between jobs right now.

Not quite that simple Ldij.

It honestly doesn't matter a bit what kinds of accusations she is making against him. Unless she is accusing him of squandering or hiding marital assets, and can prove it, its all pretty irrelevant. The judge won't be interested in hearing his witnesses because it just doesn't matter.

He probably should have an attorney if you are an example of the kind of advice he is getting from the people around him. I don't mean that in a nasty way, but you obviously don't understand how divorce really works based on what you have posted here. Otherwise you wouldn't be concerned about her accusations.

He has a pretty simple divorce since ordinary property is all they have fight about. If you really want to help him, help him hire an attorney and let him pay you back once everything is settled.

§ 20-107.1. Court may decree as to maintenance and support of spouses.

A. Pursuant to any proceeding arising under subsection L of § 16.1-241 or upon the entry of a decree providing (i) for the dissolution of a marriage, (ii) for a divorce, whether from the bond of matrimony or from bed and board, (iii) that neither party is entitled to a divorce, or (iv) for separate maintenance, the court may make such further decree as it shall deem expedient concerning the maintenance and support of the spouses. However, the court shall have no authority to decree maintenance and support payable by the estate of a deceased spouse.

B. Any maintenance and support shall be subject to the provisions of § 20-109, and no permanent maintenance and support shall be awarded from a spouse if there exists in such spouse's favor a ground of divorce under the provisions of subdivision (1) of § 20-91. However, the court may make such an award notwithstanding the existence of such ground if the court determines from clear and convincing evidence, that a denial of support and maintenance would constitute a manifest injustice, based upon the respective degrees of fault during the marriage and the relative economic circumstances of the parties.

C. The court, in its discretion, may decree that maintenance and support of a spouse be made in periodic payments for a defined duration, or in periodic payments for an undefined duration, or in a lump sum award, or in any combination thereof.

D. In addition to or in lieu of an award pursuant to subsection C, the court may reserve the right of a party to receive support in the future. In any case in which the right to support is so reserved, there shall be a rebuttable presumption that the reservation will continue for a period equal to 50 percent of the length of time between the date of the marriage and the date of separation. Once granted, the duration of such a reservation shall not be subject to modification.

E. The court, in determining whether to award support and maintenance for a spouse, shall consider the circumstances and factors which contributed to the dissolution of the marriage, specifically including adultery and any other ground for divorce under the provisions of subdivision (3) or (6) of § 20-91 or § 20-95. In determining the nature, amount and duration of an award pursuant to this section, the court shall consider the following:

1. The obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature;

2. The standard of living established during the marriage;

3. The duration of the marriage;

4. The age and physical and mental condition of the parties and any special circumstances of the family;

5. The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home;

6. The contributions, monetary and nonmonetary, of each party to the well-being of the family;

7. The property interests of the parties, both real and personal, tangible and intangible;

8. The provisions made with regard to the marital property under § 20-107.3;

9. The earning capacity, including the skills, education and training of the parties and the present employment opportunities for persons possessing such earning capacity;

10. The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training and employment to obtain the skills needed to enhance his or her earning ability;

11. The decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market;

12. The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party; and

13. Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties.

F. In contested cases in the circuit courts, any order granting, reserving or denying a request for spousal support shall be accompanied by written findings and conclusions of the court identifying the factors in subsection E which support the court's order. If the court awards periodic support for a defined duration, such findings shall identify the basis for the nature, amount and duration of the award and, if appropriate, a specification of the events and circumstances reasonably contemplated by the court which support the award.

 

[Ohiogal]

No. WE will NOT be getting a lawyer. You will be doing NOTHING. Why? It is NOT your case. Not even if you are his girlfriend/boyfriend/lover/soon-to-be-spouse.

If this is important to HIM? HE will figure out a way to find out what he needs to do.

I am going to guess OP is actually the new love and that in and of itself is problematic based upon the statute posted. How much money has husband spent on other people?

 

[Bali Hai]

I am going to guess OP is actually the new love and that in and of itself is problematic based upon the statute posted. How much money has husband spent on other people?

Not much if he isn't working is my guess. Sounds like the stbx wife was the breadwinner. Her finances and conduct should be very carefully audited.

It's very touching that his best friend since 1995 is watching out for him.

 

[Silverplum]

I was leaning toward the OP as ESL and the husband as possibly no E at all.

 

[Bali Hai]

I was leaning toward the OP as ESL and the husband as possibly no E at all.

What about the wife who absconded?

 

[Silverplum]

What about the wife who absconded?

I have no evidence from which to guess.