QUESTION
Is there an advantage to file for divorce first? How?
Asked on Jul 02nd, 2015 on Divorce - Florida
More details to this question:
I am presently separated and living out of our house. She asked me to leave so I did. There was no major reason for separation just differences about adult children and lack of affection from her for a year or so. Her son moved back in and is stealing thousands of dollars from us was the last issue that caused friction for us. Is it better to live in your house (owned) or move out before filing? Thank you.
4 ANSWERS
Wills and Estate Planning Attorney serving Sugar Land, TX
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Law Offices of Kimberly D. Moss, PLLC
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Moving out of your home doesn't entitle you to any less of your share if that home is community property. Community property in Texas is basically any asset acquired during your marriage that wasn't a gift or an inheritance. If you believe the fate of your home is going to be a contested issue in your divorce, your best bet is to consult with a local divorce attorney to find out your options.
Answered on Jul 20th, 2015 at 12:54 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Every case is highly fact dependent, and no one can give you responsible advice without an extensive personal interview. Find a skilled bankruptcy lawyer in your area for advice and representation.
Answered on Jul 03rd, 2015 at 5:09 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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It doesn't matter who files first. If you want the house it will matter whether you live in it or not.
Answered on Jul 02nd, 2015 at 7:04 PM
No advantage whatsoever in filing first. Full disclosure is required by both parties and only the ?facts and figures? come into play.
Answered on Jul 02nd, 2015 at 5:56 PM