QUESTION
If I ask my husband to initiate the divorce does it disadvantage me?
Asked on Dec 21st, 2012 on Divorce - South Carolina
More details to this question:
I recently separated with my husband due to his infidelity. The marriage is not reconcilable but neither of us have initiated the divorce filing. I want to get it done but have few questions: 1. I was going to initiate the filing by doing myself to save money, but now I don't feel like going through this painful process. If I ask him to initiate, does it disadvantage me? Or if I hire a lawyer to file for me, how can I make him pay for it? I was not able to perform my work after found out his infidelity so I quit since then and has no income now besides the money I took from our savings. We were making about the same amount before. 2. I made him signed and notarized a settlement agreement to divide our assets. I took most of the cash but not his 401k, stock investment and house (currently underwater) which we purchased after we got married. We also waived for any alimony. However, I have not signed and notarized the agreement yet. Can I wait until the divorce is filed then sign the agreement? As I want to make sure what included in the settlement agreement is all he has and no more hidden assets. 3. I am moving to NY next month, are there significant differences between the state law for divorce if I would have to file it there in case this is still not initiated in the next few months.
10 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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For your own sake, engage an attorney, and do it before you sign anything.
Answered on Dec 30th, 2012 at 5:20 AM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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It makes no difference who initiates the divorce.
Answered on Dec 28th, 2012 at 11:39 AM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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With as many questions as you have it would be a good idea to consult a lawyer. The divorce process takes awhile and could not be completed prior to your move so it could be to your benefit to have an attorney who can handle matters in state on your behalf.
Answered on Dec 28th, 2012 at 11:38 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You are sailing in very dangerous waters and you definitely need to consult a lawyer skilled in family law Wisconsin law is very different from that of New York in regard to divorce. Generally which spouse starts the divorce makes no difference. A skilled lawyer can take some of the burden off your shoulders, and can help you guide through some dangerous shoals. ]
Answered on Dec 28th, 2012 at 11:37 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Generally, in Colorado and most states the question of who filed for the divorce is immaterial to any significant issue. If nothing is started before you relocate, however, that could add to the complexity and difficulty of achieving a final result because of jurisdiction problems and differences in state laws. You should consult an attorney before you commit to moving so that you can obtain a better understanding of your options and obtain a better assessment of your objectives.
Answered on Dec 28th, 2012 at 11:37 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Find an attorney and file before you leave. New York law is different. Your attorney has to ask questions to ensure all assets are disclosed.
Answered on Dec 27th, 2012 at 11:45 PM
Have you considered Mediation. Mediation is Fast, Effective and Affordable, however, BOTH you and your spouse will have to agree before mediation can assist. Choose a Supreme Court Certified Family Law Mediator.
Answered on Dec 27th, 2012 at 9:22 PM
Child Custody Attorney serving Milwaukee, WI
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Zales Law Office
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The only disadvantage to filing first is having to pay the fees and service of process. Otherwise, it makes no difference who files first. Get yourself an attorney ASAP!
Answered on Dec 27th, 2012 at 9:14 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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So we have stock, a 401(k) and cash assets and you want to give it all away? Go see a lawyer today BEFORE YOU SIGN ANYTHING!
Answered on Dec 27th, 2012 at 9:13 PM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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In SC, there are a lot of different factors in play in this situation that are not mentioned here in this summary of your situation. You should consult with a local attorney immediately with regards to these matters. You should not take any action and/or inaction in regards to this situation and this information should not be applied to this or any other situations without first consulting in person with a local attorney regarding these matters.
Answered on Dec 27th, 2012 at 9:11 PM