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Divorce advice

scooterbug44 avatar
SoWal Expert
3,473 views
Does anyone have good advice for someone contemplating a divorce?
Things to watch out for, legal advice etc?

A friend is considering it and I am supremely unqualified to give her advice on this issue.

Replies

49
Smiling JOe avatar
SoWal Expert
#2
Tell him to give her everything. It will be much cheaper, and he won't have the headaches of arguing and fighting over material possessions.
SoWal Insider
#3
Tell her to never trust that this once nice guy she married, will not turn nasty and vindictive.
When I got divorced, many, many moons ago (after a short 1yr. marriage), I left my apt. to go to work. When I returned at the end of the day, EVERYTHING was gone! Even my high school yearbooks, everything. Personal momentos from my childhood, my parents, etc. He charmed the landlord, explaining that he was moving his stuff out because of the divorce. And the weird thing is, my ex really was a nice guy. But he turned into a hateful bast**d once he realized the divorce was real. And I turned into a raving lunatic, trying to retrieve some of my personal things. The atty's were unsuccessful. I had to drop the whole thing and just get the divorce over with.

Moral of the story, divorces are rarely pleasant or reciprocal. It does reveal the disappointing side in a person.

Good luck to your friend. It will probably be the best thing she ever does.
seagrover avatar
Beach Fanatic
#4
Tell her just to shoot him and be done with it!!! Any good lawyer should be able to get her off on a PMS defense!!! :blink:
lindatat avatar
quirty
#5
I have one word of advice for your friend. Mediation. I highly recommend it.
Cheering472 avatar
SoWal Insider
#6
Tell her just to shoot him and be done with it!!! Any good lawyer should be able to get her off on a PMS defense!!! :blink:

:lolabove:
Allifunn avatar
FunnChef - AlisonCooks.com
#7
It really depends on the state your friend is in (not mental state....😀 ) Each state is different. If she is serious, she needs to make an appointment with a lawyer. They usually charge 200-300 $ for an hour of time to discuss issues. She really needs o be well informed. Also most states have a web site you can go to and read about the divorce laws.
florida girl avatar
Beach Fanatic
#8
My first divorce was simple, just went to the judge and explained irreconcilable differences. No property, no children. Cost $40. If kids are involved it?s a totally different story. Keep in mind that studies show the most successful, and wealthy people, are generally married, and have been quite a while. I know individuals that complained about real stupid stuff to get a divorce, and then when it was all said and done, ended up in a bad place financially and emotionally. Better make sure that it's really irreconcilable.
scooterbug44 avatar
SoWal ExpertAuthor
#9
No kids (thank goodness), she's already had a preliminary consultation w/ an attorney to find out her rights etc. - go figure, what her husband told her isn't accurrate 😉
Beach Comber
#10
If they don't have kids then it is not that big of a deal. She is doing the right thing going to a lawyer. too many mistakes made trying to do it yourself. I believe that Florida is a community property state, as such, there should be an equitable division of all community held assets minus community debts. There can be the odd exception when one party is an a$$hole or there is a out of town lawyer involved. In family law you should always have a lawyer who is familiar/friendly with the judge where the case is filed or you risk getting "home towned". If there are substantial assets involved, definitely, hire a lawyer who is board certified in family law.
BTW, I am not a lawyer, but I did stay at a holiday express last night. My wife is a board certified family lawyer in Texas and she says, rule #1 is no nookie post separation with anyone until the judgement is signed.:drink:
John R avatar
needs to get out more
#11
from a friend who just went through it:

you know why divorce costs so much?
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because, it's worth it.
Smiling JOe avatar
SoWal Expert
#12
Tell her just to shoot him and be done with it!!! Any good lawyer should be able to get her off on a PMS defense!!! :blink:
:floor: Wait, should I be scared? :yikes: :lol:
scooterbug44 avatar
SoWal ExpertAuthor
#13
If they don't have kids then it is not that big of a deal. She is doing the right thing going to a lawyer. too many mistakes made trying to do it yourself. I believe that Florida is a community property state, as such, there should be an equitable division of all community held assets minus community debts. There can be the odd exception when one party is an a$$hole or there is a out of town lawyer involved. In family law you should always have a lawyer who is familiar/friendly with the judge where the case is filed or you risk getting "home towned". If there are substantial assets involved, definitely, hire a lawyer who is board certified in family law.
BTW, I am not a lawyer, but I did stay at a holiday express last night. My wife is a board certified family lawyer in Texas and she says, rule #1 is no nookie post separation with anyone until the judgement is signed.:drink:
Why? I doubt it would be a problem, at least for her and I know it would technically be adultery, just curious.
Miss Kitty avatar
Meow
#14
I used to tell Mr. K if we divorced that he could have the kids and I would take the dog. Must have worked...30 years in July. 😀
Franny avatar
Beach Fanatic
#15
I used to tell Mr. K if we divorced that he could have the kids and I would take the dog. Must have worked...30 years in July. 😀

:lolabove: :floor: :floor:
Beach Fanatic
#16
I used to tell Mr. K if we divorced that he could have the kids and I would take the dog. Must have worked...30 years in July. 😀
My, you are a clever kitty! :bow:

Edited

Beach Fanatic
#17
For those of you interviewing divorce attorneys...don't listen to the advice of one you haven't retained. My college roommate interviewed four attorneys, all of them telling her she would get a large alimony settlement that would last many years. NOT. If there is no child support and the person has a reasonable way to make a living, probably get none. If restitution is needed for gainful employment, the party might get 4 to 5 years of alimony max. Divorce law is written by men and for men, girls. Don't believe those stories you hear about women "taking the guy to the cleaners." This is fiction, especially in no-fault, community property states. Be smart. Hire an attorney and get a reality check before making any moves. And consider that women are typically in much worse financial shape following a divorce than a guy is, although there are exceptions.

For those of you who can't afford to keep your primary residence at the time, be sure you include a right of first refusal so you could conceivably purchase your home later if he decides to sell. You never know what will happen on the other side and there is no reason to not include this in the property settlement. And saves both of you a realtor's commission.

I left my first marriage with a couple thousand dollars from the savings account, no interest in two nice homes or any portion of the investment portfolio. Just wanted no one to feel bad towards me. Stupid, stupid, stupid...kept me out of the housing market for the next five years and I never even saw the guy ever again. He married a very wealthy woman and moved into her mini-mansion, sold my house and pocketed the gains. Look out for yourself. If the spouse is on their own side and you're on their side, too...who's going to be on your side? Be careful out there and be smart!
Beach Lover
#18
So many of you people thought so little of the vows you took before God? Gonna be warmer than south Walton. Divorce is not an option. Instead of contemplating divorce, spend the energy working your marriage.
Beach Comber
#19
The no nookie rule is based upon the observation that the divorce process is really just a business negotiation. Interject jealousy and it gets personal. If it gets personal the offended party will do whatever they can to put off the final judgement. If your spouse really hates you, they will never divorce you. Staying married will be their way of making your life a living hell. Yes, more than it already is.
I had a friend once. going to get a nice uncontested divorce, no kids, not substantial property, etc. For years he drove an old rusted out Volvo. During the pendency of his divorce he borrowed his bosses new Volvo, took it home for the night. So happened that his soon to be ex drove by and saw the new car parked in the driveway. She figured he must be hiding money or he had a girlfriend. After 18 months and $12,000 in attorney fees (1987 prices) and a four day trial he was divorced. Would have taken 61 days had he not taken that car home that night.
SoWal Insider
#20
So many of you people thought so little of the vows you took before God? Gonna be warmer than south Walton. Divorce is not an option. Instead of contemplating divorce, spend the energy working your marriage.
Let me guess... you've probably never been married, have you?

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