Military Pension Division

[mistoffolees]

This time around, I am paying to have it recorded. If the Judge treats the pension (marital property) as if it is income in order to justify lowering my share (and GA being an equitable division State), I intend to appeal based on the definitions of marital property. I would also appeal the consideration of an out of state judgement in a Georgia decision, but I'm not clear if that is arguable.

You are confused.

First, marital property is not income. However, marital property can generate income. The pension is property - it has a net present value and can be divided as such. It will be divided by the property division statutes in effect. Since Georgia is an equitable division state, that means that the judge determines property division based on what is fair.

After the property is divided, the court which determines alimony will consider all of your income and all of his income to set a reasonable alimony. It is only fair that they take into consideration that you will be receiving an income from the pension while he will not be receiving the full amount of the pension. The court is interested in how much money each of you has to live on. It would be insanely stupid to ignore your income.

So far, the EX has spent around $10,000.00 in attorney fees and travel expenses on all 3 cases with minimal result. Of course, he IS indigent.

And that's not necessarily inconsistent. He may be indigent BECAUSE of his legal expenses. Or he may be indigent and the attorney will never get paid. In any event, it is really none of your business how much he pays his attorney. He is entitled to defend himself. And given your penchant for trying to grab every penny from him whether it's fair or not (see above), he SHOULD be defending himself.

 

[CJane]

I'm curious about the abandonment. How is it that he abandoned you in VA, and then you fled VA to GA due to 'threats on your life'? He'd already left VA, right?

 

[robemillner]

No. His work required him to travel all the time. I discovered e-mails that he forgot to delete in an e-mail account that we both used. Those e-mails were soliciting "dates" with transgendered men. Usually he stated he had viewed their pictures and profiles and was interested in meeting.

He also sent an e-mail asking one of the transgender dating sites why they had not posted his photograph on his profile. The photo attached to the e-mail he sent.

I attempted to discuss this with him, and he responded by withdrawing all finances from our joint account, followed by several e-mails announcing he would no longer pay the bills or support me. From that time, he did not return home, refused to pay the rent, his car note, etc. and sent e-mails telling me I was on my own.

He then sent e-mail and telephoned that if I remained in the apartment he would hurt me when he got there. He made several e-mail threats describing exactly what he would do. Those e-mails were presented to the Judge in VA to obtain a protective order. I never asked him to move out of the marital home. I never agreed to a separation, until the court hearing where the spousal support and protective order were allowed.

VA doesn't have it where you can get a protective order through the police. You have to request one, file the request, and then wait for the court to summon the party for a hearing. That usually takes around 30 days.

I was advised by the police to go to a safe place until the protective order was resolved, so I came to GA where my daughter and some family live.

Also, he never notified the apartment manager that he had no intentions of paying the rent or staying in the apartment. He signed the less in his name alone.

 

[robemillner]

Subpoena

EX attorney is claiming today that no "subpoena" was served to cause his appearance in court. A summons WAS served on him. The attorney is also claiming he nor his client ever waived jurisdiction. He advised the EX he doesn't have to appear tomorrow. We were called in for the trial at 11:30 am. The attorney is saying he is only agreeing to a divorce without any division of marital property or anything else.

At the last court date (the one that was continued on 9/28/11), the Judge asked him if he was waiving jurisdiction; the attorney stood up and said his client WAS waiving jurisdiction and the client acknowledged that also.

Therefore the Judge continued with the trial and I was asked to present my opening. At that point, I asked for the continuance which was granted resulting in the trial being scheduled on the two week calendar 10/10/11.

If the Judge continued with the case AFTER the attorney stated the waiver and the client concurred, how can the attorney rewind and take it back? How is it that the Judge went on with the case if jurisdiction was in question?

If there is no jurisdiction, then how is the attorney going to claim that and then agree to a divorce?

 

[mistoffolees]

EX attorney is claiming today that no "subpoena" was served to cause his appearance in court. A summons WAS served on him. The attorney is also claiming he nor his client ever waived jurisdiction. He advised the EX he doesn't have to appear tomorrow. We were called in for the trial at 11:30 am. The attorney is saying he is only agreeing to a divorce without any division of marital property or anything else.

At the last court date (the one that was continued on 9/28/11), the Judge asked him if he was waiving jurisdiction; the attorney stood up and said his client WAS waiving jurisdiction and the client acknowledged that also.

Therefore the Judge continued with the trial and I was asked to present my opening. At that point, I asked for the continuance which was granted resulting in the trial being scheduled on the two week calendar 10/10/11.

If the Judge continued with the case AFTER the attorney stated the waiver and the client concurred, how can the attorney rewind and take it back? How is it that the Judge went on with the case if jurisdiction was in question?

If there is no jurisdiction, then how is the attorney going to claim that and then agree to a divorce?

You're in over your head. You need an attorney.