Comments on: About a divorce when the parties have things to divide? http://www.divorcesupportgroupsblog.com/130/about-a-divorce-when-the-parties-have-things-to-divide/ Specializing in information on divorce support groups, divorce counseling and other divorce support resources. Fri, 16 Apr 2010 20:09:29 -0500 http://wordpress.org/?v=2.8.2 hourly 1 By: Mike K http://www.divorcesupportgroupsblog.com/130/about-a-divorce-when-the-parties-have-things-to-divide/comment-page-1/#comment-458 Mike K Mon, 21 Sep 2009 17:42:59 +0000 http://www.divorcesupportgroupsblog.com/130/about-a-divorce-when-the-parties-have-things-to-divide/#comment-458 Hello Sasha, In North America laws vary from state to state and province to province as well. Here in Alberta, once you live with a person for over 6 months you become technically married. Things that you accumulated after marriage must be sold off and proceeds split anyway. So your house would be sold and / or the equity split. Things you had before like art, grandma's valuable furniture etc are yours. A few further points: 1) All Canada has no fault divorce so hiring detectives trap unfaithful partners is useless. 2) Marriage contracts are a waste of money. Yes, a lawyer can certainly draw one up for you but if the judge deems it to be unfair to one of the partners, he can alter or negate the contract with no problem. 3) Given sexual equality that came in 30 years back, when it comes to support payments, either partner can be dinged. So if my wife is a prominent doctor and I am out of work, a bum on the street with mental issues she will be required to support me. 4) An even uglier situation was won in the Supreme Court 3 years ago. Your marriage financial obligations may well be until death do you part. In the land mark case, a fellow split with his wife 20 years before and all was settled 50/50. In time the man got better jobs, contracts and became quite wealthy. Meanwhile his ex-wife staying single, got some disease like MS or something where she needed a lot of financial support. She went back after him for money through all levels o courts and won the case. Not pretty is it? Cheers, Michael Kelly<br><b>References : </b><br> Hello Sasha,

In North America laws vary from state to state and province to province as well. Here in Alberta, once you live with a person for over 6 months you become technically married. Things that you accumulated after marriage must be sold off and proceeds split anyway. So your house would be sold and / or the equity split. Things you had before like art, grandma’s valuable furniture etc are yours.

A few further points:

1) All Canada has no fault divorce so hiring detectives trap unfaithful partners is useless.

2) Marriage contracts are a waste of money. Yes, a lawyer can certainly draw one up for you but if the judge deems it to be unfair to one of the partners, he can alter or negate the contract with no problem.

3) Given sexual equality that came in 30 years back, when it comes to support payments, either partner can be dinged. So if my wife is a prominent doctor and I am out of work, a bum on the street with mental issues she will be required to support me.

4) An even uglier situation was won in the Supreme Court 3 years ago. Your marriage financial obligations may well be until death do you part. In the land mark case, a fellow split with his wife 20 years before and all was settled 50/50. In time the man got better jobs, contracts and became quite wealthy. Meanwhile his ex-wife staying single, got some disease like MS or something where she needed a lot of financial support. She went back after him for money through all levels o courts and won the case.

Not pretty is it?

Cheers,

Michael Kelly
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]]> By: Dan in Miami http://www.divorcesupportgroupsblog.com/130/about-a-divorce-when-the-parties-have-things-to-divide/comment-page-1/#comment-457 Dan in Miami Mon, 21 Sep 2009 17:05:59 +0000 http://www.divorcesupportgroupsblog.com/130/about-a-divorce-when-the-parties-have-things-to-divide/#comment-457 After ten years . . . it is 50/50. The only "exceptions" would be stuff you owned PRIOR to being married. Get a LAWYER . . . and don't go cheap. BORROW the money if you have to. This is not the time to pinch pennies. . . . you'll be doing enough of that later . . . Dan in Miami (divorced after 25 years)<br><b>References : </b><br> After ten years . . . it is 50/50.

The only "exceptions" would be stuff you owned PRIOR to being married.

Get a LAWYER . . . and don’t go cheap. BORROW the money if you have to.

This is not the time to pinch pennies. . . . you’ll be doing enough of that later . . .

Dan in Miami (divorced after 25 years)
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]]> By: Mill Creek http://www.divorcesupportgroupsblog.com/130/about-a-divorce-when-the-parties-have-things-to-divide/comment-page-1/#comment-456 Mill Creek Mon, 21 Sep 2009 16:44:59 +0000 http://www.divorcesupportgroupsblog.com/130/about-a-divorce-when-the-parties-have-things-to-divide/#comment-456 Sasha, one of the best and quickest ways to go through it is to take a pad of paper and walk through the house. Draw up a his and her column and write down what each wants. If neither of you want it, sell it and split the money. The courts are going to require you to do this sooner or later, and it's better now, before things get real nasty. Good Luck.<br><b>References : </b><br> Sasha, one of the best and quickest ways to go through it is to take a pad of paper and walk through the house. Draw up a his and her column and write down what each wants. If neither of you want it, sell it and split the money. The courts are going to require you to do this sooner or later, and it’s better now, before things get real nasty.

Good Luck.
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]]> By: Poppy http://www.divorcesupportgroupsblog.com/130/about-a-divorce-when-the-parties-have-things-to-divide/comment-page-1/#comment-455 Poppy Mon, 21 Sep 2009 16:15:59 +0000 http://www.divorcesupportgroupsblog.com/130/about-a-divorce-when-the-parties-have-things-to-divide/#comment-455 You appeal to her better judgment. Most people are going to tell you to each get your own attorney and slug it out. Not always a bad idea. However, when you start dividing property you almost have it going 4 ways. One to you, one to her, one to your attorney and one to hers. Simply put if the two of you can agree to how things should be divided it's the least expensive way to go and feelings usually are spared.<br><b>References : </b><br> You appeal to her better judgment. Most people are going to tell you to each get your own attorney and slug it out. Not always a bad idea. However, when you start dividing property you almost have it going 4 ways. One to you, one to her, one to your attorney and one to hers. Simply put if the two of you can agree to how things should be divided it’s the least expensive way to go and feelings usually are spared.
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]]> By: Murzy http://www.divorcesupportgroupsblog.com/130/about-a-divorce-when-the-parties-have-things-to-divide/comment-page-1/#comment-454 Murzy Mon, 21 Sep 2009 15:28:59 +0000 http://www.divorcesupportgroupsblog.com/130/about-a-divorce-when-the-parties-have-things-to-divide/#comment-454 always keep in mind that the longer and more drawn out the negotiations are, the more costly the legal fees. the only one that wins are the lawyers. 50/50 may not be the magic/legal formula. sometimes 70/30 or 80/20 depending on what you brought to the table originally or accumulated during the marriage<br><b>References : </b><br> always keep in mind that the longer and more drawn out the negotiations are, the more costly the legal fees. the only one that wins are the lawyers.

50/50 may not be the magic/legal formula. sometimes 70/30 or 80/20 depending on what you brought to the table originally or accumulated during the marriage
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]]> By: Drew http://www.divorcesupportgroupsblog.com/130/about-a-divorce-when-the-parties-have-things-to-divide/comment-page-1/#comment-453 Drew Mon, 21 Sep 2009 15:12:59 +0000 http://www.divorcesupportgroupsblog.com/130/about-a-divorce-when-the-parties-have-things-to-divide/#comment-453 after 10 years, there's no such thing as a fast divorce. the only way it could even be plausible is if you both agree who gets what without lawyers, otherwise expect it to be a long process.<br><b>References : </b><br> after 10 years, there’s no such thing as a fast divorce. the only way it could even be plausible is if you both agree who gets what without lawyers, otherwise expect it to be a long process.
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