do you feel that it is unfair to give half of your belongings when divorcing?
Divorce agreements...
07/09/2012
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I'm kind of afraid of marriage, and although I am young, I've looked into the divorce laws in some states.
And in most, almost all assets are split 50/50. It also depends on if you have fault or no fault divorce. No fault divorce is when both you and your spouse realize its not working and want to be divorced mutually. Generally, people are more amicable during these. It's more sad than anything because the couple realized they grew apart and don't hate each other. If they negotiate, the two parties don't need to do 50/50 so long as both parties agree.
Some states don't have No Fault divorce, which sucks. Those that have fault only divorce may require you go through marriage counseling or be separated anywhere from 6 months to 5 years before proceeding in the divorce. In fault divorce, the spouse who wants the divorce files papers. over 80-90 percent of the time it is the woman who files a divorce in hetero couples.
Now, the spouse who didn't file can keep the couple in limbo for years in some states. Many states want you to stay married and if your spouse requests counseling or other potential alternative means, the courts will most likely grant it (unless in cases of abuse/drugs, etc.)
In these situations, people tend to hate each other, especially if the spouse who received the papers is angry over the decision. This is where the fighting is, but in most cases, the split is 50/50 if both people are trying to kill the other one (fiscally)
BUT! There are some situations in which this rule doesn't apply. One is if you get a prenup, the other is if you are in a state that has laws in regards to infidelity/emotional neglect. In these states, if you have proof that your partner was unfaithful or did something egregious during the marriage, you can push to get more than 50 percent f the assets accumulated through the marriage. You need proof or their admission though.
Sorry to nerd out, hope that helps
And in most, almost all assets are split 50/50. It also depends on if you have fault or no fault divorce. No fault divorce is when both you and your spouse realize its not working and want to be divorced mutually. Generally, people are more amicable during these. It's more sad than anything because the couple realized they grew apart and don't hate each other. If they negotiate, the two parties don't need to do 50/50 so long as both parties agree.
Some states don't have No Fault divorce, which sucks. Those that have fault only divorce may require you go through marriage counseling or be separated anywhere from 6 months to 5 years before proceeding in the divorce. In fault divorce, the spouse who wants the divorce files papers. over 80-90 percent of the time it is the woman who files a divorce in hetero couples.
Now, the spouse who didn't file can keep the couple in limbo for years in some states. Many states want you to stay married and if your spouse requests counseling or other potential alternative means, the courts will most likely grant it (unless in cases of abuse/drugs, etc.)
In these situations, people tend to hate each other, especially if the spouse who received the papers is angry over the decision. This is where the fighting is, but in most cases, the split is 50/50 if both people are trying to kill the other one (fiscally)
BUT! There are some situations in which this rule doesn't apply. One is if you get a prenup, the other is if you are in a state that has laws in regards to infidelity/emotional neglect. In these states, if you have proof that your partner was unfaithful or did something egregious during the marriage, you can push to get more than 50 percent f the assets accumulated through the marriage. You need proof or their admission though.
Sorry to nerd out, hope that helps
07/10/2012
I think it's fair. "What's mines is yours and what's yours is mine".
There are always prenuptial agreements if you don't want to be forced to give half of your belongings to your spouse after divorce.
There are always prenuptial agreements if you don't want to be forced to give half of your belongings to your spouse after divorce.
07/10/2012
Yes I think that is fair! When you get married, unless you sign a prenup, everything is yours together! And when you split it only makes sense to split it 50/50. I do know someone who took that literal and went in the house with a chainsaw and cut everything in half! Took their halves and left the other halves. This is really silly because now both of you have nothing! I do think that if your partners family gave your family a certain item, in the divorce that item should stay in the family it started in! It's unfair to the family who gave it to your family to not keep it in the family.
Example in case I don't make sense. My partner was previously married. He had never bought her a ring because it wasn't something they could afford. Well, my mother in law gave her a wedding band that was passed down in my mother in laws family. Well, when they divorced, she should have gave that back to my mother in law. Especially since knowing it was something that meant a lot to my mother in law. But instead she took it to a pond shop! That wasn't right!
Example in case I don't make sense. My partner was previously married. He had never bought her a ring because it wasn't something they could afford. Well, my mother in law gave her a wedding band that was passed down in my mother in laws family. Well, when they divorced, she should have gave that back to my mother in law. Especially since knowing it was something that meant a lot to my mother in law. But instead she took it to a pond shop! That wasn't right!
07/10/2012
Quote:
Haha! I usually tell my hubby "What mine is mine and what is yours is also mine! " It's just a joke! I really don't feel that way. His ex wife did though. She took everything including the toilet, cabinets, and whatever else she could take. She really wasn't cool in the divorce.
Originally posted by
xOhxSoxScandalousx
I think it's fair. "What's mines is yours and what's yours is mine".
There are always prenuptial agreements if you don't want to be forced to give half of your belongings to your spouse after divorce.
There are always prenuptial agreements if you don't want to be forced to give half of your belongings to your spouse after divorce.
07/10/2012
I believe the couple should be fair and equitable. When I divorced, I took my personal possessions from prior to marriage and walked. I did get primary custody of my daughter but gave him equal visitation. I had to be fair to her, he was a good father when he was sober.
07/10/2012
I was lucky in mine - we didn't have much of anything except personal possessions. The divorce was mutual, non-contested, in a no-fault state. The car was in my name, but it didn't work (so I ended up with junk while he didn't). I kept the dog and he kept the cat.
Although the cheap bastard could contribute funds to getting our stuff out of storage in another state - I shouldn't be the only one who drives there, hauls it back, separates it, and send his to him. I know he can't contribute - he's never been able to hold onto a job.
I really should just take my stuff, leave his in storage, and stop the payments. *devil smiley*
Although the cheap bastard could contribute funds to getting our stuff out of storage in another state - I shouldn't be the only one who drives there, hauls it back, separates it, and send his to him. I know he can't contribute - he's never been able to hold onto a job.
I really should just take my stuff, leave his in storage, and stop the payments. *devil smiley*
07/10/2012
Total posts: 7
Unique posters: 6